MAGARINO v. BANK OF NEW YORK MELLON

No. 3D20-1091.

307 So.3d 821 (2020)

Nidia N. MAGARINO, Petitioner, v. The BANK OF NEW YORK MELLON, etc., Respondent.

District Court of Appeal of Florida, Third District.

Opinion filed September 2, 2020.


Attorney(s) appearing for the Case

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for petitioner.

DeLuca Law Group, PLLC, and Brandi Wilson , (Fort Lauderdale), for respondent.

Before EMAS, C.J., and MILLER, and LOBREE JJ.


By petition for writ of prohibition, petitioner seeks review of an order denying disqualification of the judge assigned to preside over the foreclosure action she is defending in the proceedings below. Petitioner asserts that by ordering the sequestration of rents, despite her affidavit she lacked a tenant, the trial court necessarily...

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