Bank of New York v. Eicher

CourtDistrict Court of Appeal of Florida
DecidedApril 24, 2017
Docket5D15-3302
StatusPublished

This text of Bank of New York v. Eicher (Bank of New York v. Eicher) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bank of New York v. Eicher, (Fla. Ct. App. 2017).

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BANK OF NEW YORK MELLON TRUST COMPANY, ETC.,

Appellant,

v. Case No. 5D15-3302

JEFFERY EICHER, ROBERTA EICHER, ET AL.,

Appellees.

________________________________/

Decision filed April 28, 2017

Appeal from the Circuit Court for Orange County, Theotis Bronson, Judge.

Diana B. Matson and Joshua R. Levine, of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Fort Lauderdale, for Appellant.

Jose G. Oliveira, of Jose G. Oliveira, PA, Orlando, and Raymer F. Maguire, III, of Maguire Lassman, P.A., Orlando, for Appellees, Jeffery and Roberta Eicher.

No Appearance for Other Appellees.

PER CURIAM.

AFFIRMED.

SAWAYA and PALMER, JJ., concur. COHEN, C.J., concurs specially, with opinion. CASE NO. 5D15-3302 COHEN, J., concurring specially, with opinion. Our affirmance should not be read as approval of the rulings in this case. The trial

court accepted arguments that conflated standing with the authority of a servicing agent

to testify. Our decision merely rejects the argument that the errors below, unpreserved by

objection, rise to the level of fundamental error.

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Bank of New York v. Eicher, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-new-york-v-eicher-fladistctapp-2017.