Real Property and Business Litigation Report
Volume VIII, Issue 34
August 22, 2015
Fowler v. TD Bank, — So.3d —-, 2015 WL 4945008 (Fla. 5th DCA 2015).
A conflict between the legal descriptions and street addresses on two disputed mortgages requires the trial court to make factual findings as to the intent of the parties and requires that a motion for summary judgment be denied.
Bank of America v. The Enclave at Richmond Place Condominium Ass’n, Inc., — So.3d —-, 2015 WL 4965912 (Fla. 2d DCA 2015).
An association’s answer to a mortgage foreclosure complaint which demands the amounts due under the “safe harbor” provisions of Florida Statute section 718.116 (1)(b) estops the association from claiming greater amount post-judgment.
Grand Central at Kennedy Condominium Ass’n, Inc. v. Space Coast Credit Union, — So.3d —-, 2015 WL 4923677 (Fla. 2d DCA 2015).
Upon entry of the final judgment, a trial court loses jurisdiction to determine the amounts due under the “safe harbor” provisions of Florida Statute section 718.116 (1)(b) unless the final judgment reserved jurisdiction for that specific purpose.
Santa Rosa Investors, Inc. v. Wilson, — So.3d —-, 2015 WL 4925217 (Fla. 1st DCA 2015).
The phrase “liquidated or liquidated” in a durable power of attorney is ambiguous, and requires the trial court make factual findings regarding the intent of the parties.
Palm Beach Polo Holdings, Inc. v. Broward Marine, Inc., — So.3d —-2015 WL 4926551 (Fla. 4th DCA 2015).
Notwithstanding that it was not raised in opening statements nor in the preliminary instructions to the jury, a specific defense is preserved and may be presented to the jury if it is raised in the pleadings and the pretrial stipulation.
Perez v. Deutsche Bank Nat. Trust Co., — So.3d —-2015 WL 4930749 (Fla. 4th DCA 2015).
A foreclosing lender who is not the original lender and who does not have the original note indorsed to it at the time of filing suit must establish that it had the note at the time of filing suit.
Donado v. PennyMac Corp., — So.3d —-2015 WL 4930873 (Fla. 4th DCA 2015).
The verification requirements of Florida Rule of Civil Procedure 1.110 (b) became effective upon the issuance of the original Florida Supreme Court opinion, not the revised opinion issued several months later.
Infinity Home Care, L.L.C. v. Amedisys Holding, LLC, — So.3d —-2015 WL 4927257 (Fla. 4th DCA 2015).
Referral sources are a legitimate business interests subject to protection by covenants not to compete under Florida Statute section 542.335; conflict certified with Florida Hematology & Oncology v. Tummala, 927 So.2d 135 (Fla. 5th DCA 2006).
Federal Home Loan Mortg. Corp. v. Beekman, — So.3d —-2015 WL 4926956 (Fla. 4th 2015).
A trial court errs by entering a judgment enforcing a loan modification when such relief was not requested in the pleadings, was not tried by consent, and there was no evidence that the modification was agreed to by the parties.
Lamb v. Nationstar Mortg., LLC, — So.3d —-2015 WL 4930268 (Fla. 4th DCA 2015).
A foreclosing bank seeking to enforce a note which is specially indorsed to another may prove standing “ ‘through evidence of a valid assignment, proof of purchase of the debt, or evidence of an effective transfer.’”
Cardona v. Nationstar Mortg., LLC, — So.3d —-2015 WL 4931354 (Fla. 4th DCA 2015).
A witness may not testify as to the contents of business records without personal knowledge of the records or without the records being first introduced into evidence.