BANK OF NEW YORK v. CALLOWAY

No. 4D19-584.

300 So.3d 220 (2020)

BANK OF NEW YORK AS TRUSTEE FOR the NOTEHOLDERS CWABS INC. ASSETBACKED NOTES, SERIES 2006-SD4006-SD4, Appellant, v. Andrew CALLOWAY, Unknown Spouse of Andrew Calloway, Tenant #1, Tenant #2, Tenant #3, Tenant #4, and Laurel Hills Neighborhood Association Incorporated Dissolved, Appellees.

District Court of Appeal of Florida, Fourth District.

July 15, 2020.


Attorney(s) appearing for the Case

Brian A. Wahl of Bradley Arant Boult Cummings LLP, Birmingham, Alabama, for appellant.

Geoffrey E. Sherman and Roy D. Oppenheim of Oppenheim Pilelsky, P.A., Weston, for appellee Andrew Calloway.


Bank of New York, as Trustee for the Noteholders CWABS Inc. Assetbacked Notes, Series 2006-SD4006-SD4, appeals the circuit court's order finding the Bank of New York lacked standing and granting involuntary dismissal. We reverse.

Background

Andrew Calloway signed a note and mortgage, borrowing money from USMoney...

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