Bank of New York v. Eicher
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.
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.
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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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