THE BANK OF NEW YORK MELLON F/ K/ A THE BANK OF NEW YORK
v.
ELIZABETH JIMENEZ

Fla. 6th DCA | 2023-11-07
No. 23-0963
Florida District Court of Appeal, Sixth District (2023)

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Holding

The trial court's judgment in the foreclosure action was affirmed.


Facts & Procedural History

Bank of New York Mellon, as trustee for certificateholders of asset-backed certificates, brought a foreclosure action against Elizabeth Jimenez and ot…

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Opinion of the Court

STATE OF FLORIDA _____________________________

Case No. 6D23-963 Lower Tribunal No. 19-CA-000780 _____________________________

THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK, as Trustee for the Certificateholders of the CWABS, Inc., Assets-Backed Certificates, Series 2007-13,

Appellant,

v.

ELIZABETH JIMENEZ, et al.,

Appellees.

_____________________________

Appeal from the Circuit Court for Lee County.

Cynthia Pivacek, Judge.

November 7, 2023 PER CURIAM. AFFIRMED. WHITE, SMITH and MIZE, JJ., concur. Nancy M. Wallace, of Akerman LLP, Tallahassee, William P. Heller and Marc J. Gottlieb, of Akerman LLP, Fort Lauderdale, and Heather L. Fesnak and Katherine E. Shepard, of Akerman LLP, of Tampa, for Appellant. Andrew P. Marcus, of Law Office of Andrew P. Marcus, P.A., Fort Myers, for Appellee. No Appearance for Appellees, Dwayne J. Perkins, Catherine Perkins a/k/a Catherine Margaret Perkins a/k/a Catherine Tuttle, Clerk of the Circuit Court of Lee County, Lee County, and MASS 5, LLC.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND


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