On August 26, 2021, the Florida Supreme Court amended the Florida Rules of Civil Procedure to adopt the so-called “apex doctrine” that protects high-level corporate officers from abusive discovery. ...more
On July 2, 2020, the Florida Supreme Court issued its ruling Jackson v. Household Finance Corporation III, et al., SC18-357, 2020 WL 3580036, and provided new guidance for record authentication under the business records...more
On April 18, 2019, the Florida Supreme Court issued a surprise ruling withdrawing its January 4, 2019 opinion in Nationstar Mortgage LLC v. Glass. ...more
4/18/2019
/ Attorney's Fees ,
Borrowers ,
Consumer Financial Products ,
FL Supreme Court ,
Foreclosure ,
Loan Documentation ,
Mortgage Lenders ,
Mortgages ,
Motion to Withdraw ,
Nationstar ,
Reversal
The Florida Supreme Court released an opinion in Glass v. Nationstar, SC17-1387 with widespread implications in contract litigation, and mortgage foreclosure litigation in particular, as it relates to attorney’s fee...more
On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees...more
On March 16, 2017, the Florida Supreme Court denied motions for rehearing and/or clarification filed by petitioners Lewis Brook Bartram, the Plantation at Ponte Vedra, and Gideon M.G. Gratsiani. All three petitioners...more
The Florida Supreme Court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision. The decision resolves a long standing controversy regarding the effect (if any) of a prior unsuccessful...more
In a split two-one decision, Florida’s Second District Court of Appeal affirmed the decision reached below and held that Fla. Stat. 559.715’s notice of assignment provision does not create a condition precedent to...more
With its decision up on re-hearing, Florida’s Third District Court of Appeal may be rethinking its decision in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014). In...more
8/26/2015
/ Appeals ,
Bank of America ,
Citibank ,
Consumer Lenders ,
Deutsche Bank ,
Dismissal With Prejudice ,
FL Supreme Court ,
Florida ,
Foreclosure ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Statute of Limitations
The opinion of Florida’s Third District Court of Appeal in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014) has been a lightning rod for criticism from federal courts in...more
8/5/2015
/ Bank of America ,
Borrowers ,
Citibank ,
Deutsche Bank ,
Dismissal With Prejudice ,
Financial Institutions ,
FL Supreme Court ,
Florida ,
Foreclosure ,
HSBC ,
Lenders ,
Loans ,
Mortgage Lenders ,
Mortgages ,
Residential Property Owners ,
Statute of Limitations ,
US Bank