Week Ending June 28, 2013

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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 Bank, N.A. v. Boyer, No. 2D12-3942 (Fla. 2d DCA June 28, 2013) (reversing dismissal with prejudice) 
  • 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) 
  • 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

  • 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)
  • 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)
  • 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.

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Carlton Fields on:

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