Week Ending June 28, 2013


  • 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)



  • 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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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