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