I. FLORIDA STATE CASES - STEFANIE LINCOLN
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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 Bank, N.A. v. Boyer, No. 2D12-3942 (Fla. 2d DCA June 28, 2013) (reversing dismissal with prejudice)
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Service of Process: plaintiff failed to meet burden of showing that it strictly complied with service of process where process server noted incorrect date and time of service on summons served on defendant – Brown v. US Bank, N.A., as trustee, No. 4D12-4612 (Fla. 4th DCA June 26, 2013) (reversing denial of motion to quash service)
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Foreclosure: trial court erred in failing to include a written finding of willful or intentional defiance of court authority in its order dismissing complaint as sanction for discovery abuses – Wells Fargo Bank, N.A. v. Stahler, No. 5D4547 (Fla. 5th DCA June 28, 2013) (reversing dismissal)
II. 11TH CIRCUIT CASES - NONE
III. TITLE INSURANCE CASES - CHRIS SMART
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Statute of Limitations: claims against title insurer based on liens disclosed at closing in 2006 are barred by the statute of limitations as statute is not tolled for documents disclosed – Palmer v. Chicago Title Ins. Co., Case No. 12-0297 (S.D. Tex. June 17, 2013) (order granting motion for summary judgment)
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Fraud: claims against title insurer for fraudulent misrepresentation based title insurance policy will not lie as policy is not a representation of the status of title – Palmer v. Chicago Title Ins. Co., Case No. 12-0297 (S.D. Tex. June 17, 2013) (order granting motion for summary judgment)
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Rule: notice of development of rulemaking to collect and analyze data required to be maintained by the insurers and agents in the title insurance industry - F.A.C. Rule 69O-186.014.