Green Emerald Homes, LLC v. Federal National MortgageAssociation, Case No. 2D16-2575 (Fla. 2d DCA 2017).
Substituted service upon the Secretary of State requires pleading the necessary jurisdictional allegations in thecomplaint to perfect substituted service; Florida Statute section 605.0117 does not provide a new method of service on limited liability companies.
Dabas v. Boston Investors Group, Inc.,No. 3D16-2672 (Fla. 3d DCA 2017).
The difference between void and voidable is important for purposes of Florida Rule of Civil Procedure 1.540(b)(4); a judgment is void only if the trial court lacked subject matter jurisdiction, the trial court lacked personal jurisdiction over the person, or the trial court permitted a violation of the due process guarantee of notice and opportunity to be heard.
J.P. Morgan Securities, LLC v. Geveran Investments Limited, Case No. 5D15-4272 (Fla. 5th DCA 2017).
The test for “materiality” in Florida Securities andInvestor Protection Act (Florida Statute sections 517.011–32) claims is the same as that under section 12 of the Securities Act of 1933, 15 U.S.C. § 77(l)(2016), specifically, that a misrepresentation is material if there is “substantial likelihood” a reasonable investor would view the misrepresentation as altering the “total mix” of available information.
National Collegiate Student Loan Trust 2007-1 v. Lipari,Case No. 5D16-156 (Fla. 5th DCA 2017).
The giving of notice of assignment under Florida Statute section 559.715 is not a condition precedent to filing suit for collection of a student loan when the assignee takes all rights in the consumer debt.
Provitola v. Comer, Case No. 5D16-3027 (Fla. 5th DCA 2017).
The obstruction of a public street is a public nuisance and individuals cannot maintain an action for the obstruction unless they have suffered a special injury.
Fogarty v. Nationstar Mortgage, LLC,Case No. 5D16-3193 (Fla. 5th DCA 2017).
A trial court can on its own calculate interest and escrow amounts in a foreclosure judgment when substantial, competent evidence is admitted that proves the principal and escrow amounts due.