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

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NANCY A. MONAHAN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 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. 2

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