Nancy A. Monahan v. The Bank of New York Mellon etc.

CourtDistrict Court of Appeal of Florida
DecidedJuly 13, 2015
Docket15-2242
StatusPublished

This text of Nancy A. Monahan v. The Bank of New York Mellon etc. (Nancy A. Monahan v. The Bank of New York Mellon etc.) 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.

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Nancy A. Monahan v. The Bank of New York Mellon etc., (Fla. Ct. App. 2015).

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NANCY A. MONAHAN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D15-2242

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS, INC., ASSET BACKED CERTIFICATES, SERIES 2007-7,

Appellee.

_____________________________/

Opinion filed July 14, 2015.

An appeal from an order of the Circuit Court for Duval County. Aaron K. Bowden, Judge.

Lance Paul Cohen of Cohen & Thurston, PA, Jacksonville, for Appellant.

Michael C. Rayboun of Rayboun Mulligan, Tallahassee, and Danielle N. Parsons of McCalla Raymer LLC, Orlando, for Appellee (no appearances).

PER CURIAM.

Upon consideration of the appellant's response to the Court's order of May

29, 2015, the Court has determined that Count II of the Verified Complaint to

Foreclose Mortgage, and Count I, seeking imposition of an equitable lien on the property, are inextricably intertwined. Therefore, the May 12, 2015 Final Judgment

for Plaintiff as to Count II, does not constitute a partial final judgment subject to

immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k).

Accordingly, the appeal is hereby dismissed as premature.

ROWE, SWANSON, and BILBREY, JJ., CONCUR.

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