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Florida Appeal: Loggins vs. Bank Foreclosure

This document is an appendix submitted in support of a motion for remand in an appeal to the Fifth District Court of Appeal of Florida. It contains exhibits A through Q related to a foreclosure case between Carla Martin-Loggins and The Bank of New York involving a property in Brevard County, Florida. The exhibits include complaints, answers, motions, orders, and transcripts related to the foreclosure proceedings and dispute over the property.

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Nick Vidoni
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165 views350 pages

Florida Appeal: Loggins vs. Bank Foreclosure

This document is an appendix submitted in support of a motion for remand in an appeal to the Fifth District Court of Appeal of Florida. It contains exhibits A through Q related to a foreclosure case between Carla Martin-Loggins and The Bank of New York involving a property in Brevard County, Florida. The exhibits include complaints, answers, motions, orders, and transcripts related to the foreclosure proceedings and dispute over the property.

Uploaded by

Nick Vidoni
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

CASE NO.: 5D17-0448


LT NO: 05-2007-CA-22162
RECEIVED, 2/23/2017 1:48 PM, Joanne P. Simmons, Fifth District Court of Appeal

CARLA MARTIN-LOGGINS

Appellant,

vs.

THE BANK OF NEW YORK AS TRUSTEE


FOR THE CERTIFICATE HOLDERS
CWMBS, INC CHL MORTGAGE PASS-THROUGH
TRUST 2006-0A5 MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-OA5,

Appellee.

_______________________________/

APPELLANTS APPENDIX IN SUPPORT OF


APPELLANTS MOTION FOR REMAND

INDEX OF EXHIBITS ATTACHED

Exhibit # Exhibit Name Date


Exhibit A Complaint to Foreclose Mortgage (Bank of New 9/11/07
York v. Corley)
Exhibit B Amended Complaint for Foreclosure (Bank of New 5/24/10
York v. Corley and Loggins
Exhibit C Answer and Counterclaim/Cross-claim of Defendant 6/25/10
Carla Martin-Loggins
Exhibit D Plaintiffs Answer and Affirmative Defenses to 7/7/10
Counterclaim/Cross-claim of Loggins

1
Exhibit E Loggins Motion for Partial Summary Judgment 3/14/13
Exhibit F Bank of New Yorks Motion for Partial Summary 5/2/13
Judgment
Exhibit G Bank of New Yorks Memorandum of Law in 6/5/13
Opposition to Loggins Motion for Partial Summary
Judgment
Exhibit H Memorandum of Law in Support of Loggins Motion 6/20/13
for Partial Summary Judgment
Exhibit I Order Denying Loggins Motion for Partial Summary 7/10/13
Judgment
Exhibit J Order Granting Plaintiff Bank of New Yorks 7/10/13
Motion for Partial Summary Judgment
Exhibit K Amended Order on Plaintiffs [Bank of New Yorks] 10/9/13
Motion for Partial Summary Judgment
Exhibit L Order on Defendants Verified Motion to Vacate
Orders dated July 9, 2013 and Order on Defendants 10/9/13
Ore Tenus Motion to Amend/Clarify
Exhibit M Notice of Filing Transcript of August 10, 2015 Non- 10/26/16
Jury Trial (with Transcript)
Exhibit N Loggins Motion for Summary Judgment 12/21/16

Exhibit O Order on Loggins Motion for Summary Judgment 1/27/17


against Corleys et al
Exhibit P Order on Defendants [Loggins] Motion for 1/27/17
Summary Judgment against Bank of New York
Exhibit Q Final Judgment of Foreclosure [in favor of Loggins] 2/1/17

2
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that service was made via the eDCA portal found at
5dca.org with e-service to [email protected], [email protected],
[email protected], [email protected], and [email protected],
this 23rd day of February, 2017.

/s/ Nick Vidoni


Nicholas A. Vidoni, Esq.
WATSON, SOILEAU, DeLEO, & BURGETT, P.A.
3490 N. U.S. Highway 1
P.O. Box 236007
Cocoa, Florida 32923-6007
Ph: (321) 631-1550
Attorney for Appellant
Florida Bar Number: 0095776
Email: [email protected].

3
APPENDIX EXHIBIT
"A"
APPENDIX EXHIBIT
"B"
APPENDIX EXHIBIT
"C"
APPENDIX EXHIBIT "
D"
APPENDIX
EXHIBIT"E"
APPENDIX EXHIBIT
"F"
APPENDIX EXHIBIT
"G"
APPENDIX EXHIBIT
"H"
APPENDIX EXHIBIT "I"
APPENDIX EXHIBIT
"J"
APPENDIX EXHIBIT
"K"
APPENDIX EXHIBIT
"L"
APPENDIX EXHIBIT
"N"
"
APPENDIX EXHIBIT
"M"
APPENDIX EXHIBIT
"O"
APPENDIX EXHIBIT
"P"
APPENDIX EXHIBIT
"Q"

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