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BANK OF AMERICA v. GREEN EMERALD HOMES

Case No. 5D18-801.

292 So.3d 513 (2020)

BANK OF AMERICA, N.A., Appellant, v. GREEN EMERALD HOMES, LLC, Carlos Mendez, Rosa Mendez and Wyndham Lakes Estates Homeowners Association, Inc., Appellees.

District Court of Appeal of Florida, Fifth District.

Opinion filed March 13, 2020.

Attorney(s) appearing for the Case

Mary J. Walter , of Liebler Gonzalez & Portuondo, Miami, for Appellant.

Angela Leiner , of The Law Office of Angela Leiner, P.A., St. Petersburg, for Appellee, Green Emerald Homes, LLC.

No Appearance for Other Appellees.

Bank of America, N.A. ("BOA"), appeals the trial court's involuntary dismissal of its action to foreclose a promissory note and mortgage at the close of its case in chief. Because we conclude BOA was not required to prove that its mortgage was superior to the interest of the property owner, Green Emerald Homes, LLC, we reverse.

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