GUTIERREZ
v.
BANK OF NEW YORK MELLON
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The trial court erred regarding compliance with conditions precedent, but all other issues on appeal were properly decided.
[1] A party's confession of error on appeal may warrant reversal of the trial court's judgment on the admitted-error issue even absent any other grounds for reversal.
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Join FLexlaw to unlock all legal intelligenceGutierrez and Touzon appealed a final judgment from the Circuit Court for Miami-Dade County in a case against the Bank of New York Mellon. The Bank pa…
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Third District Court of Appeal
State of Florida
Opinion filed March 21, 2018. Not final until disposition of timely filed motion for rehearing.
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No. 3D17-98 Lower Tribunal No. 15-28588
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Alma R. Gutierrez and Raul Touzon,
Appellants,
vs. The Bank of New York Mellon, etc., Appellee. An appeal from the Circuit Court for Miami-Dade County, Jacqueline Hogan Scola, Judge. 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.