BEHNKE v. BANK OF NEW YORK MELLON CWALT 2005 80CB 2005 80CB (2023)

District Court of Appeal of Florida, Fourth District.

Scott H. BEHNKE and Joanne Behnke, Appellants, v. The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-80CB, Mortgage Pass-Through Certificates Series 2005-80CB, Appellee.

No. 4D22-3062

Decided: June 21, 2023

Joanne Garone, Pembroke Pines, for appellants. Jason Vanslette and Jason D. Silver of Kelley Kronenberg, Fort Lauderdale, for appellee.

Affirmed. See Ribich v. Evergreen Sales & Serv., Inc., 784 So. 2d 1201, 1202 (Fla. 2d DCA 2001) (“A counteroffer operates as a rejection of a preceding offer.”); see also Pena v. Fox, 198 So. 3d 61, 63 (Fla. 2d DCA 2015) (“[T]he acceptance must be a ‘mirror image’ of the offer in all material respects, or else it will be considered a counteroffer that rejects the original offer.”).

Per Curiam.

Warner, Damoorgian and Levine, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network