Gutierrez v. Bank of N.Y. Mellon, 239 So. 3d 1272 (2018)

March 21, 2018 · District Court of Appeal of Florida, Third District · No. 3D17–98
239 So. 3d 1272

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

No. 3D17-98

District Court of Appeal of Florida, Third District.

Opinion filed March 21, 2018

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.

Before SUAREZ, SCALES, and LUCK, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

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.