GUTIERREZ v. BANK OF NEW YORK MELLON (2018)

District Court of Appeal of Florida, Third District.

Alma R. GUTIERREZ and Raul Touzon, Appellants, v. The BANK OF NEW YORK MELLON, etc., Appellee.

No. 3D17–98

Decided: March 21, 2018

Before SUAREZ, SCALES, and LUCK, JJ.

Benitez & Associates and Leo Benitez and Lizette Benitez, for appellants. McGuireWoods LLP and Sara F. Holladay–Tobias, Emily Y. Rottmann, and Brittney Lauren Bell (Jacksonville), for appellee.

ON CONFESSION OF ERROR

Pursuant to the Bank of New York Mellon's partial confession of error, we reverse the Final Judgment in part on the sole issue of compliance with conditions precedent, and affirm as to all remaining issues on appeal. We remand for further proceedings on the issue of compliance with conditions precedent.

Reversed in part, affirmed in part, and remanded with instructions.

PER CURIAM.

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