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IN RE McCABE, 8:10-bk-26754 KRM (2015)

Court: District Court, M.D. Florida Number: infdco20150923988 Visitors: 6
Filed: Sep. 22, 2015
Latest Update: Sep. 22, 2015
Summary: ORDER SUSAN C. BUCKLEW , District Judge . This cause comes before the Court on Bank of America's Motion for Summary Reversal. (Doc. No. 15). Appellees have failed to file a response in opposition, and as such, the Court considers the motion to be unopposed. Accordingly, it is ORDERED AND ADJUDGED that: (1) This Court grants the motion for summary reversal in light of the Supreme Court's decision in Bank of America, N.A. v. Caulkett, 135 S.Ct. 1995 (2015). (2) The decision of the ban
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ORDER

This cause comes before the Court on Bank of America's Motion for Summary Reversal. (Doc. No. 15). Appellees have failed to file a response in opposition, and as such, the Court considers the motion to be unopposed.

Accordingly, it is ORDERED AND ADJUDGED that:

(1) This Court grants the motion for summary reversal in light of the Supreme Court's decision in Bank of America, N.A. v. Caulkett, 135 S.Ct. 1995 (2015).

(2) The decision of the bankruptcy court is reversed, and this case is remanded to the bankruptcy court in order for it to vacate its March 13, 2015 order (BK Doc. No. 79) and to conduct further proceedings consistent with this order.

(3) The Clerk is directed to vacate the April 14, 2015 judgment in this case (Doc. No. 9) and to enter judgment in favor of Bank of America.

(4) This case remains closed.

DONE AND ORDERED.

Source:  Leagle

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