DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
SCOTT H. BEHNKE and JOANNE BEHNKE,
Appellants,
v.
THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK,
AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2005-80CB, MORTGAGE PASS-
THROUGH CERTIFICATES SERIES 2005-80CB,
Appellee.
No. 4D22-3062
[June 21, 2023]
Appeal of a nonfinal order from the Circuit Court for the Seventeenth
Judicial Circuit, Broward County; Andrea Gundersen, Judge; L.T. Case
No. CACE-19-003190.
Joanne Garone, Pembroke Pines, for appellants.
Jason Vanslette and Jason D. Silver of Kelley Kronenberg, Fort
Lauderdale, for appellee.
PER CURIAM.
Affirmed. See Ribich v. Evergreen Sales & Serv., Inc.,
784 So. 2d 1201,
1202 (Fla. 2d DCA 2001) (“A counteroffer operates as a rejection of a
preceding offer.”); see also Pena v. Fox,
198 So. 3d 61, 63 (Fla. 2d DCA
2015) (“[T]he acceptance must be a ‘mirror image’ of the offer in all material
respects, or else it will be considered a counteroffer that rejects the original
offer.”).
WARNER, DAMOORGIAN and LEVINE, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
