Florida District Courts of Appeal, 2018

GREGORY MYERS v. U. S. BANK NATIONAL ASSOC.

GREGORY MYERS v. U. S. BANK NATIONAL ASSOC.
Florida District Courts of Appeal · Decided July 27, 2018

GREGORY MYERS v. U. S. BANK NATIONAL ASSOC.

Opinion

IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA

July 27, 2018

GREGORY MYERS, ) ) Appellant, ) ) v. ) Case No. 2D15-4521 ) U.S. BANK NATIONAL ASSOCIATION, ) as trustee for Credit Suisse First ) Boston CSFB 2005-11, ) ) Appellee. ) ) ) BARBARA ANN KELLY, ) ) Appellant, ) ) v. ) Case No. 2D15-4836 ) U.S. BANK NATIONAL ASSOCIATION, ) CONSOLIDATED as trustee for Credit Suisse First ) Boston CSFB 2005-11, ) ) Appellee. ) ) BY ORDER OF THE COURT: On July 13, 2018, the bankruptcy court for the District of Maryland dismissed Appellant Barbara Ann Kelly's bankruptcy case and terminated the automatic stay imposed by 11 U.S.C. § 362(a).

The stay of this consolidated appeal entered by this court on March 26, 2018, is hereby lifted.

This court's decision, issued March 21, 2018, before this court had notice of the bankruptcy proceeding, is withdrawn, and the attached opinion is issued in its place.

I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER.

MARY ELIZABETH KUENZEL, CLERK NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

GREGORY MYERS, ) ) Appellant, ) ) v. ) Case No. 2D15-4521 ) U.S. BANK NATIONAL ASSOCIATION, ) as trustee for Credit Suisse First ) Boston CSFB 2005-11, ) ) Appellee. ) ) ) BARBARA ANN KELLY, ) ) Appellant, ) ) v. ) Case No. 2D15-4836 ) U.S. BANK NATIONAL ASSOCIATION, ) CONSOLIDATED as trustee for Credit Suisse First ) Boston CSFB 2005-11, ) ) Appellee. ) ) Opinion filed July 27, 2018.

Appeals from the Circuit Court for Collier County; James R. Shenko, Judge.

Charles F. Beall, Jr. of Moore, Hill & Westmoreland, P.A., Pensacola, for Appellants.

Dean A. Morande and Michael K.

Winston of Carlton Fields Jorden Burt, P.A., West Palm Beach, for Appellee.

PER CURIAM.

Affirmed.

CASANUEVA, VILLANTI, and CRENSHAW, JJ., Concur.

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