WALLACE COOK vs THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF CWMBS, INC, CHL MORTGAGE PASS-THROUGH TRUST 2007-HY7 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HY7, JUDITH COOK, RANDOLPH COOK, ET. AL.

Annotate this Case
Download PDF
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 WALLACE COOK, Appellant, v. THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF CWMBS, INC, CHL MORTGAGE PASS-THROUGH TRUST 2007-HY7 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HY7, JUDITH COOK, RANDOLPH COOK, ET. AL., Appellees. ________________________________/ Opinion filed March 13, 2020 Appeal from the Circuit Court for Brevard County, George B. Turner, Judge. Patrick J. Cremeens, Jeanne M. Cremeens, and Blake J. Fredrickson, of Cremeens Law Group, P.L., Tampa, for Appellant. Dariel Abrahamy, of Greenspoon Marder, LLP, Boca Raton, for Appellee, The Bank of New York, As Trustee, for The Benefit of CWMBS, Inc., CHL Mortgage PassThrough Trust 2007-HY7 Mortgage PassThrough Certificates, Series 2007-HY7. No Appearance for Other Appellees. PER CURIAM. Case No. 5D19-1333 We affirm the final judgment of foreclosure entered in favor of Appellee after trial, with one exception. The final judgment determined Appellee’s entitlement to an award of attorney’s fees and, consistently with the court’s oral pronouncement at the conclusion of the trial, provided that the amount of the fees would be set at a subsequent evidentiary hearing. However, later at Paragraph 9 of the final judgment, the court inadvertently awarded Appellee the sum of $25,761.00 for attorney’s fees. Appellee concedes the error. Accordingly, we remand for the trial court to enter a corrected final judgment that deletes the present Paragraph 9 from the judgment. AFFIRMED; REMANDED for entry of a corrected final judgment of foreclosure. COHEN, WALLIS, and LAMBERT, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.