William A. Zalaquett v. The Bank of New York Mellon, etc.

CourtDistrict Court of Appeal of Florida
DecidedMay 29, 2024
Docket2023-1704
StatusPublished

This text of William A. Zalaquett v. The Bank of New York Mellon, etc. (William A. Zalaquett 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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William A. Zalaquett v. The Bank of New York Mellon, etc., (Fla. Ct. App. 2024).

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 29, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1704 Lower Tribunal No. 19-4466 ________________

William A. Zalaquett, Appellant,

vs.

The Bank of New York Mellon, etc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge.

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellant.

Kelley Kronenberg, and Danielle Spradley (Fort Lauderdale), for appellee.

Before LOGUE, C.J., and SCALES and BOKOR, JJ.

PER CURIAM. Affirmed. See Deutsche Bank Tr. Co. Americas as Tr. for Residential

Accredit Loans, Inc. v. Harris, 264 So. 3d 186, 192-93 (Fla. 4th DCA 2019)

(“On appeal, the Bank correctly argues that it was unnecessary for its witness

to testify regarding his knowledge of the third-party vendor’s mailing

practices to establish that the demand letter had been sent. . . . [O]ur review

of the record in this case leads us to conclude that sufficient evidence was

presented to preclude an involuntary dismissal at the close of the Bank’s

case-in-chief on the issue of whether a prima facie showing was made that

the demand letter was mailed to the borrower prior to the filing of the suit.”).

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William A. Zalaquett v. The Bank of New York Mellon, etc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-a-zalaquett-v-the-bank-of-new-york-mellon-etc-fladistctapp-2024.