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Suzanne De Lisi v. the Bank of New York Mellon F/K/A the Bank of New York, as Trustee for the Certificateholders of Cwmbs, Inc., Chl Mortgage Pass-Through Trust 2005-9

Docket 6D2023-4237

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilAffirmed
Filed
Jurisdiction
Florida
Court
District Court of Appeal of Florida
Type
Opinion
Case type
Civil
Disposition
Affirmed
Docket
6D2023-4237

Appeal from a county court decision in Collier County (case no. 2019-CA-003293-0001-XX).

Summary

The Sixth District Court of Appeal affirmed a lower-court decision in a foreclosure-related appeal brought by Suzanne De Lisi against The Bank of New York Mellon (as trustee). The appellate court issued a short per curiam opinion stating simply "AFFIRMED," with all three judges concurring. No reasoning, factual background, or legal analysis appears in the published entry; the decision confirms the county court's ruling against the appellant and preserves the lower court's result.

Issue Decided

  • Whether the county court's judgment adverse to Suzanne De Lisi should be overturned on appeal.

Court's Reasoning

The published entry contains only a brief per curiam disposition stating "AFFIRMED" and provides no substantive legal reasoning or explanation of the court's analysis. Because the opinion includes no discussion, the appellate court's rationale is not stated in the document.

Parties

Appellant
Suzanne De Lisi
Appellee
The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2005-9, Mortgage Pass-Through Certificates Series 2005-9
Judge
Per Curiam (Traver, C.J.; Stargel, J.; Nardella, J.)

Key Dates

District Court decision date
2026-04-28

What You Should Do Next

  1. 1

    Consult appellate counsel about rehearing or further review

    If the appellant wishes to pursue relief, consult counsel promptly about filing a motion for rehearing in the district court (within the rule deadline) or a petition for review to the Florida Supreme Court, considering time limits and standards for discretionary review.

  2. 2

    Confirm mandate and any post-judgment obligations

    Determine when the district court's mandate will issue and confirm any remaining compliance obligations or enforcement steps in the county court to avoid default or prejudice.

  3. 3

    Evaluate options at trial-court level

    If there are collateral or procedural matters remaining in county court, coordinate with counsel to address them promptly in light of the affirmed judgment.

Frequently Asked Questions

What did the court decide?
The appellate court affirmed the lower court's decision and denied the appellant's challenge; the short entry contains only the single-word disposition "AFFIRMED."
Who is affected by this decision?
The parties are the appellant, Suzanne De Lisi, and the appellee, The Bank of New York Mellon as trustee; the ruling preserves the county court outcome in favor of the bank.
Does this opinion explain why the court ruled that way?
No. The document is a per curiam disposition with no written explanation of the court's reasoning.
Can this decision be appealed further?
Potential further review (such as a petition for discretionary review) may be available to the appellant under Florida appellate rules, but specific deadlines and prospects depend on the case posture and counsel's judgment.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
SIXTH DISTRICT COURT OF APPEAL
                        STATE OF FLORIDA
                       _____________________________

                            Case No. 6D2023-4237
                 Lower Tribunal No. 2019-CA-003293-0001-XX
                      _____________________________

                                SUZANNE DE LISI,

                                   Appellant,

                                        v.

 THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK as TRUSTEE for
  the CERTIFICATE HOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH
     TRUST 2005-9, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-9,
                                  Appellee.
                       _____________________________

                Appeal from the County Court for Collier County.
                Joseph G. Foster and Elizabeth V. Krier, Judges.

                                 April 28, 2026

PER CURIAM.

      AFFIRMED.

TRAVER, C.J., and STARGEL and NARDELLA, JJ., concur.


Jonathan M. Weirich, of Yarnell & Peterson, P.A., Naples, for Appellant.

Nancy M. Wallace, of Akerman, LLP, Tallahassee, and William P. Heller, Akerman,
LLP, Fort Lauderdale, for Appellee.


 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
             AND DISPOSITION THEREOF IF FILED