Real Property and Business Litigation Report
Volume VIII, Issue 1
January 17, 2015
Hubsch v. Howell Creek Reserve Community, — So.3d —-, 2015 WL 196171 (Fla. 5th DCA 2015).
Party is denied due process when they file a timely and proper motion to appear telephonically at a dispositive hearing and the motion is denied.
The Florida Bar v. Marrero, — So.3d —-, 2015 WL 175189 (Fla. 2015).
Attorney violated rule of professional conduct prohibiting attorneys from conduct involving dishonesty, fraud, deceit, or misrepresentation by failing to inform lender that funds she provided were not being used as she instructed as first mortgage, failing to inform second lender of prior loan, and failing to list prior loan on title commitment.
Jomar Properties, L.L.C. v. Bayview Const. Corp., — So.3d —-, 2015 WL 159055 (Fla. 4th DCA 2015).
Asking questions to understand the issues does not demonstrate the “evident partiality” required to vacate an arbitration award. “Results obtained” under Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985), means both examining what issues were won or lost and how much was won (or not won).
Snow v. Wells Fargo Bank, N.A., — So.3d —-, 2015 WL 160326 (Fla. 3d DCA 2015).
The following is a notice of default, not an automatic or self-executing acceleration that starts the running of the statute of limitations, because it does not state the debt has been accelerated, does not state the full amount due, and merely states that the debt will be accelerated in the future:
This letter serves as further notice that EMC Mortgage Corporation intends to enforce the provisions of the Note and Security Instrument. You must pay the full amount of the default on this loan by the thirty-fifth (35th) day from the date of this letter which is 01/10/2008 (or if said date falls on a Saturday, Sunday, or legal holiday, then on the first business day thereafter). If you do not pay the full amount of the default, we shall accelerate the entire sum of both principal and interest due and payable, and invoke any remedies provided for in the Note and Security Instrument, including but not limited to the foreclosure sale of the property ….
Casino Inv., Inc. v. Palm Springs Mile Associates, Ltd., — So.3d —-, 2015 WL 160703 (Fla. 3d DCA 2015).
A trial court is without jurisdiction on remand to change the law of the case as directed by the appellate court in the prior appeal.
T-Mobile South, LLC v. City of Roswell, Ga., — S.Ct. —-, 2015 WL 159278 (2015).
A locality must provide reasons in writing for denying a cellular tower siting permit, and the determination must be supported by substantial, competent evidence so as to comply with the Telecommunications Act of 1996, § 332(c)(7)(B)(iii), 47 U.S.C.A. § 332(c)(7)(B)(iii).
Jesinoski v. Countrywide Home Loans, Inc., — S.Ct. —-, 2015 WL 144681 (2015).
The Truth In Lending Act only requires that written notice of intent to seek rescission be given within three-year period; the filing of suit within that time is not required.
National Maritime Services, Inc. v. Straub, — F.3d —-, 2015 WL 151703 (11th Cir. 2015).
A district court has ancillary jurisdiction over a judgment creditor’s supplementary proceedings that is filed to avoid a fraudulent conveyance.