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ATKIN v. BANK OF NEW YORK MELLON

No. 3D19-1492.

306 So.3d 272 (2020)

Ryan ATKIN, et al., Appellants, v. BANK OF NEW YORK MELLON, et al., Appellees.

District Court of Appeal of Florida, Third District.

Opinion filed June 24, 2020.

Attorney(s) appearing for the Case

Jacobs Legal, PLLC, and Bruce Jacobs , for appellants.

Bradley Arant Boult Cummings LLP, and Lauren G. Raines , Tara M. Petzoldt and Cheryl J. Lister (Tampa); Liebler, Gonzalez & Portuondo, and Elizabeth A. Henriques , for appellees.

Before SCALES, MILLER and GORDO, JJ.

Affirmed. See Pino v. Bank of N.Y., 121 So.3d 23, 26 (Fla. 2013) ("[W]hen a defendant alleges fraud on the court as a basis for seeking to set aside a plaintiff's voluntary dismissal, the trial court has jurisdiction to reinstate the dismissed action only when the fraud, if proven,...

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