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CARRINGTON MORTGAGE SERVICES v. NICOLAS

Nos. 3D21-1300, 3D21-1304, 3D21-1311, & 3D21-1320.

343 So.3d 605 (2021)

CARRINGTON MORTGAGE SERVICES, LLC, et al., Petitioners, v. Julie NICOLAS, et al., Respondents.

District Court of Appeal of Florida, Third District.

Opinion filed November 24, 2021.

Attorney(s) appearing for the Case

Akerman LLP, and Nancy M. Wallace (Tallahassee); Akerman LLP, and William P. Heller (Fort Lauderdale); Akerman LLP, and Eric M. Levine (West Palm Beach), for petitioner Nathaniel Callahan; Bradley Arant Boult Cummings LLP, and Lauren G. Raines and Sara D. Accardi (Tampa); Bradley Arant Boult Cummings LLP, and Marc James Ayers and Stephen C. Parsley (Birmingham, AL), for petitioner Carrington Mortgage Services, LLC; Polsinelli PC, and Brendan I. Herbert and Henry H. Bolz IV , for petitioner The Bank of New York Mellon; Liebler, Gonzalez & Portuondo, and Adam J. Wick , for petitioner Bank of America, N.A.

Jacobs Legal, PLLC, and Bruce Jacobs ; Wasson & Associates, Chartered, and Roy D. Wasson , for respondent Julie Nicolas.

Before EMAS, LOGUE and LOBREE, JJ.

INTRODUCTION

This proceeding, which began as a straightforward mortgage foreclosure—the borrower had stopped making payments on a negotiable note indorsed in blank— has somehow transformed into an ever-escalating battle that no longer resembles its original form.

After a contested final summary judgment...

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