Benoit v. The Bank of New York Mellon
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 MARIE LOURDES BENOIT, LORREL BENOIT and BARBARA BENOIT, et al., Appellants, v. THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2005-4, Appellee. No. 4D09-898 [October 14, 2009] PER CURIAM. This is an appeal of a summary final judgment of foreclosure. A confession of error has been filed by The Bank of New York Mellon, as Successor Trustee Under Novastar Mortgage Funding Trust, Series 20054. Accordingly, the summary final judgment is reversed and the cause remanded for further proceedings. WARNER, FARMER and HAZOURI, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey E. Streitfeld, Judge; L.T. Case No. CACE 08057435 02. Megan Carraher and Joshua Bleil of The Ticktin Law Group, P.A., Deerfield Beach, for appellants Marie Lourdes Benoit, Lorrel Benoit and Barbara Benoit. Maureen G. Pearcy of Hinshaw & Culbertson, L.L.P., Miami, for appellee. Not final until disposition of timely filed motion for rehearing.
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