BANK OF NEW YORKMELLON TRUST COMPANY ETC v. JEFFERY EICHER ROBERTA EICHER ET AL (2017)

District Court of Appeal of Florida, Fifth District.

BANK OF NEW YORKMELLON TRUST COMPANY, ETC., Appellant, v. JEFFERY EICHER, ROBERTA EICHER, ET AL., Appellees.

Case No. 5D15-3302

Decided: April 28, 2017

Diana B. Matson and Joshua R. Levine, of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Fort Lauderdale, for Appellant. Jose G. Oliveira, of Jose G. Oliveira, PA, Orlando, and Raymer F. Maguire, III, of Maguire Lassman, P.A., Orlando, for Appellees, Jeffery and Roberta Eicher. No Appearance for Other Appellees.

AFFIRMED.

Our affirmance should not be read as approval of the rulings in this case. The trial court accepted arguments that conflated standing with the authority of a servicing agent to testify. Our decision merely rejects the argument that the errors below, unpreserved by objection, rise to the level of fundamental error.

PER CURIAM.

SAWAYA and PALMER, JJ., concur. COHEN, C.J., concurs specially, with opinion.

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