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Cook v. Bank of N.Y.

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Mar 13, 2020
291 So. 3d 1268 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-1333

03-13-2020

Wallace COOK, Appellant, v. The BANK OF NEW YORK, AS TRUSTEE FOR the BENEFIT OF CWMBS, INC., CHL Mortgage Pass-Through Trust 2007-HY7 Mortgage Pass-Through Certificates, Series 2007-HY7, Judith Cook, Randolph Cook, et. al., Appellees.

Patrick J. Cremeens, Jeanne M. Cremeens, and Blake J. Fredrickson, of Cremeens Law Group, P.L., Tampa, for Appellant. Dariel Abrahamy, of Greenspoon Marder, LLP, Boca Raton, for Appellee, The Bank of New York, As Trustee, for The Benefit of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-HY7 Mortgage Pass-Through Certificates, Series 2007-HY7. No Appearance for Other Appellees.


Patrick J. Cremeens, Jeanne M. Cremeens, and Blake J. Fredrickson, of Cremeens Law Group, P.L., Tampa, for Appellant.

Dariel Abrahamy, of Greenspoon Marder, LLP, Boca Raton, for Appellee, The Bank of New York, As Trustee, for The Benefit of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-HY7 Mortgage Pass-Through Certificates, Series 2007-HY7.

No Appearance for Other Appellees.

PER CURIAM.

We affirm the final judgment of foreclosure entered in favor of Appellee after trial, with one exception. The final judgment determined Appellee's entitlement to an award of attorney's fees and, consistently with the court's oral pronouncement at the conclusion of the trial, provided that the amount of the fees would be set at a subsequent evidentiary hearing. However, later at Paragraph 9 of the final judgment, the court inadvertently awarded Appellee the sum of $25,761.00 for attorney's fees. Appellee concedes the error.

Accordingly, we remand for the trial court to enter a corrected final judgment that deletes the present Paragraph 9 from the judgment.

AFFIRMED; REMANDED for entry of a corrected final judgment of foreclosure.

COHEN, WALLIS, and LAMBERT, JJ., concur.


Summaries of

Cook v. Bank of N.Y.

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Mar 13, 2020
291 So. 3d 1268 (Fla. Dist. Ct. App. 2020)
Case details for

Cook v. Bank of N.Y.

Case Details

Full title:WALLACE COOK, Appellant, v. THE BANK OF NEW YORK, AS TRUSTEE FOR THE…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Mar 13, 2020

Citations

291 So. 3d 1268 (Fla. Dist. Ct. App. 2020)