IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
BANK OF NEW YORK MELLON TRUST
COMPANY, ETC.,
Appellant,
v. Case No. 5D15-3302
JEFFERY EICHER, ROBERTA EICHER,
ET AL.,
Appellees.
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Decision filed April 28, 2017
Appeal from the Circuit Court
for Orange County,
Theotis Bronson, Judge.
Diana B. Matson and Joshua R. Levine, of
Baker, Donelson, Bearman, Caldwell &
Berkowitz, PC, Fort Lauderdale, for
Appellant.
Jose G. Oliveira, of Jose G. Oliveira, PA,
Orlando, and Raymer F. Maguire, III, of
Maguire Lassman, P.A., Orlando, for
Appellees, Jeffery and Roberta Eicher.
No Appearance for Other Appellees.
PER CURIAM.
AFFIRMED.
SAWAYA and PALMER, JJ., concur.
COHEN, C.J., concurs specially, with opinion.
CASE NO. 5D15-3302
COHEN, J., concurring specially, with opinion.
Our affirmance should not be read as approval of the rulings in this case. The trial
court accepted arguments that conflated standing with the authority of a servicing agent
to testify. Our decision merely rejects the argument that the errors below, unpreserved by
objection, rise to the level of fundamental error.
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