July 2, 2014
The Florida Third District Court of Appeal has upheld the dismissal of a foreclosure action filed by Bank of New York Mellon (BNYM) which was dismissed due to BNYM’s repeated violations of court Orders. Jeff Barnes, Esq. represented and continues to represent the homeowner through his Firm. W. J. Barnes, P.A., as he does in all cases.
In June of 2010, a Key West, Florida Circuit Court Judge dismissed the foreclosure action upon finding that BNYM had violated multiple court Orders including discovery and pretrial Orders, and conditioned any re-filing of the action on compliance with the prior Orders. Three (3) years later, BNYM, using a different law Firm, re-filed the action without complying with the prior Orders including the Order which placed the conditions on any re-filing. The homeowner filed a Motion to Dismiss the re-filed case, which was granted. At that hearing, the Judge found that the conduct of BNYM was appalling.
BNYM appealed the decision. The homeowner filed an appeal brief explaining why the dismissal was proper by the Circuit Judge, and why BNYM was incorrect in its arguments.
The Florida appeals court affirmed the decision today without opinion. The homeowner may now assess his attorneys’ fees in defending the case against BNYM.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com