NIDIA MAGARINO
v.
THE BANK OF NEW YORK MELLON, ETC.

Fla. 3d DCA | 2025-12-17
No. 2024-1668
Fernandez, J., Logue, J., Lobree, J., Watson, J.
2025 FL 11990 Florida District Court of Appeal, Third District (2025)

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Holding

The trial court's judgment in favor of The Bank of New York Mellon was affirmed under the principles established in Applegate v. Barnett Bank of Tallahassee.


Facts & Procedural History

Nidia Magarino appealed a circuit court decision in Miami-Dade County involving a dispute with The Bank of New York Mellon.…

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Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed December 17, 2025. Not final until disposition of timely filed motion for rehearing.

No. 3D24-1668 Lower Tribunal No. 16-29192-CA-01

Nidia Magarino, Appellant, vs. The Bank of New York Mellon, etc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Robert T. Watson, Judge.

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

DeLuca Law Group, PLLC, and Shawn Taylor (Fort Lauderdale), for appellee.

Before FERNANDEZ, LOGUE and LOBREE, JJ.

PER CURIAM.

Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d

1150 (Fla. 1979).

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