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ELSTON/LEETSDALE v. CWCAPITAL ASSET MGT.

No. 4D11-3151.

87 So.3d 14 (2012)

ELSTON/LEETSDALE, LLC, a Delaware limited liability company, Appellant, v. CWCAPITAL ASSET MANAGEMENT LLC, solely in its capacity as Special Servicer on behalf of U.S. Bank, N.A., Successor to State Street Bank and Trust Company, as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Mortgage Pass-Through Certificates, Series 2001-C1BC1, Appellee.

District Court of Appeal of Florida, Fourth District.

April 4, 2012.

Attorney(s) appearing for the Case

Mitchell W. Berger and Anthony J. Carriuolo of Berger Singerman, P.A., Fort Lauderdale, for appellant.

Joseph E. Foster and Carrie Ann Wozniak of Akerman Senterfitt, Orlando, and Joan Levit of Akerman Senterfitt, Fort Lauderdale, for appellee.

POLEN, J.

Elston/Leetsdale, LLC (Elston) appeals the trial court's non-final order, requiring it to make payments to CWCapital Asset Management LLC, solely in its capacity as special servicer on behalf of U.S. Bank, N.A., successor to State Street Bank and Trust Company, as trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Mortgage Pass-Through Certificates, Series 2001-C1BC1 (CW) during the pendency of the action. Because...

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