SCOTT BEHNKE and JOANNE BEHNKE v. THE BANK OF NEW YORK MELLON, etc.

CourtDistrict Court of Appeal of Florida
DecidedJune 21, 2023
Docket22-3062
StatusPublished

This text of SCOTT BEHNKE and JOANNE BEHNKE v. THE BANK OF NEW YORK MELLON, etc. (SCOTT BEHNKE and JOANNE BEHNKE 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.

Bluebook
SCOTT BEHNKE and JOANNE BEHNKE v. THE BANK OF NEW YORK MELLON, etc., (Fla. Ct. App. 2023).

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

SCOTT H. BEHNKE and JOANNE BEHNKE, Appellants,

v.

THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-80CB, MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2005-80CB, Appellee.

No. 4D22-3062

[June 21, 2023]

Appeal of a nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Andrea Gundersen, Judge; L.T. Case No. CACE-19-003190.

Joanne Garone, Pembroke Pines, for appellants.

Jason Vanslette and Jason D. Silver of Kelley Kronenberg, Fort Lauderdale, for appellee.

PER CURIAM.

Affirmed. See Ribich v. Evergreen Sales & Serv., Inc., 784 So. 2d 1201, 1202 (Fla. 2d DCA 2001) (“A counteroffer operates as a rejection of a preceding offer.”); see also Pena v. Fox, 198 So. 3d 61, 63 (Fla. 2d DCA 2015) (“[T]he acceptance must be a ‘mirror image’ of the offer in all material respects, or else it will be considered a counteroffer that rejects the original offer.”).

WARNER, DAMOORGIAN and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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Related

Ribich v. Evergreen Sales & Service, Inc.
784 So. 2d 1201 (District Court of Appeal of Florida, 2001)
Pena v. Fox
198 So. 3d 61 (District Court of Appeal of Florida, 2015)

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Bluebook (online)
SCOTT BEHNKE and JOANNE BEHNKE v. THE BANK OF NEW YORK MELLON, etc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-behnke-and-joanne-behnke-v-the-bank-of-new-york-mellon-etc-fladistctapp-2023.