I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI -
- Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more
I. FLORIDA STATE CASES – ILAN NIEUCHOWICZ -
- Foreclosure: issue of fact concerning authenticity of “original” promissory note precluded summary judgment – AG Beaumont 1, LLC v LSREF2 Oreo, No. 2D12-5873 (Fla. 2d DCA...more
I. FLORIDA STATE CASES – SASHA FUNK GRANAI -
- Foreclosure: promissory notes self-authenticating and signatures thereto presumed authentic and authorized absent evidence of forgery or lack of authorization - Bennett v....more
I. FLORIDA STATE CASES – JOURDAN HAYNES & CHRIS SMART -
MRTA: marketable record title act represents codified limitation on title insurer’s obligation to research public records in connection with issuance of title...more
10/9/2013
/ Condominiums ,
Debt Collection ,
Foreign Corrupt Practices Act (FCPA) ,
Insurance Industry ,
Land Titles ,
Landlords ,
Leases ,
Ponzi Scheme ,
Public Records ,
Tenants ,
Title Insurance
I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ -
Foreclosure/Standing: certifying to Florida Supreme Court as question of great public importance whether a plaintiff in a foreclosure action may cure inability to prove...more
I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI -
Ad Valorem Taxes: presumption that assessment correct lost in ad valorem tax challenge where taxpayer proves by preponderance of evidence either (i)...more
I. FLORIDA STATE CASES – JOURDAN HAYNES -
Foreclosure: summary judgment precluded where borrowers pled legally sufficient defense that was not factually refuted by lender – Seale v. Regions Bank, No. 4D12-3869 (Fla....more
I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI -
Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more
I. Florida State Cases – Jourdan Haynes -
FDCPA & FCCPA/Bad Faith Filing: circuit court acting in appellate capacity obliged to affirm county court judgment awarding attorneys’ fees as sanction for bad faith filing...more
I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ -
Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid limitations because it...more
I. FLORIDA STATE CASES – JOURDAN HAYNES -
Attorneys’ Fees: trial court did not abuse its discretion in awarding attorneys’ fees and costs of $74,429 against bank following dismissal of foreclosure action as sanction...more
I. FLORIDA STATE CASES – ILAN NIEUCHOWICZ -
Inverse Condemnation: landowner entitled to money damages from state for inverse condemnation resulting from newly enacted law restricting landowner’s use of equipment and...more
I. FLORIDA STATE CASES – STEFANIE LINCOLN -
Litigation Privilege: litigation privilege, which protects actions taken in the course of and related to judicial proceedings from civil liability, applies to causes of...more
I. FLORIDA STATE CASES - JOURDAN HAYNES -
Insurance/Ambiguity: insurance policy ambiguity must be construed against insurer and in favor of coverage without resort to consideration of extrinsic evidence – Washington...more
I. FLORIDA STATE CASES - STEFANIE LINCOLN -
Foreclosure: an attorney may file a nonresident cost bond on behalf of a client without violating the prohibition against an attorney's acting as a surety for his client – US...more