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THE BANK OF NEW YORK MELLON v. BARBER

No. 1D18-2097.

295 So.3d 1223 (2020)

The BANK OF NEW YORK MELLON, f/k/a The Bank of New York, as successor IN INTEREST TO JPMORGAN CHASE BANK, N.A. as Trustee for Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC7, Appellant, v. Mary J. BARBER; Melvin V. Barber, Jr. a/k/a Melvin B. Barber, Jr. a/k/a Melvin V. Jr Barber, Appellees.

District Court of Appeal of Florida, First District.

May 1, 2020.

Attorney(s) appearing for the Case

Shaib Y. Rios of Brock & Scott, PLLC, Fort Lauderdale; Kimberly S. Mello and Vitaliy Kats of Greenberg Traurig, P.A., Tampa, for Appellant.

No appearance for Appellees.

The final judgment on appeal denied Bank of New York Mellon's foreclosure complaint because the trial court sua sponte concluded that the note in the court file was a copy rather than an original. Appellees had asserted no affirmative defenses. They did not deny being parties to the note and mortgage, did not challenge the note's authenticity...

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