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Zalaquett v. The Bank of N.Y. Mellon

Florida Court of Appeals, Third District
May 29, 2024
390 So. 3d 254 (Fla. Dist. Ct. App. 2024)

Opinion

No. 3D23-1704

05-29-2024

William A. ZALAQUETT, Appellant, v. The BANK OF NEW YORK MELLON, etc., Appellee.

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellant. Kelley Kronenberg, and Danielle Spradley (Fort Lauderdale), for appellee.


An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge. Lower Tribunal No. 19-4466

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellant. Kelley Kronenberg, and Danielle Spradley (Fort Lauderdale), for appellee.

Before LOGUE, C.J., and SCALES and BOKOR, JJ.

PER CURIAM.

Affirmed. See Deutsche Bank Tr. Co. Americas as Tr. for Residential Accredit Loans, Inc. v. Harris, 264 So. 3d 186, 192-93 (Fla. 4th DCA 2019) ("On appeal, the Bank correctly argues that it was unnecessary for its witness to testify regarding his knowledge of the third-party vendor’s mailing practices to establish that the demand letter had been sent…. [O]ur review of the record in this case leads us to conclude that sufficient evidence was presented to preclude an involuntary dismissal at the close of the Bank’s case-in-chief on the issue of whether a prima facie showing was made that the demand letter was mailed to the borrower prior to the filing of the suit.").


Summaries of

Zalaquett v. The Bank of N.Y. Mellon

Florida Court of Appeals, Third District
May 29, 2024
390 So. 3d 254 (Fla. Dist. Ct. App. 2024)
Case details for

Zalaquett v. The Bank of N.Y. Mellon

Case Details

Full title:William A. Zalaquett, Appellant, v. The Bank of New York Mellon, etc.…

Court:Florida Court of Appeals, Third District

Date published: May 29, 2024

Citations

390 So. 3d 254 (Fla. Dist. Ct. App. 2024)