Title Maxv. Northington, Case No. 16-17468(11th Cir. 2017).
Applying Georgia law regarding pawnshops, the Eleventh Circuit holds that state law controls property rights and that the Bankruptcy Code does not trump state law unless the clear text of the bankruptcy code so states.
Ice v. The Cosmopolitan Residences on South Beach, A CondominiumAssociation, Inc.,Case No. 3D15-2787 (Fla. 3d DCA 2017).
A claimant states a cause of action for conversion if he alleges that a condominium association wrongfully detained and exercised dominion and control over his personalty removed from a condominium unit after service of a writ of possession by the sheriff.
Tower Hill Signature Insurance Company v. Javellana,Case Nos. 3D16-2526 & 3D16-2492 (Fla. 3d DCA 2017).
A court must look at the “true relief” sought, not just the pleaded causes of action, in determining whether a party seeks both legal and equitable relief and is thus precluded from claiming attorney’s fees under Florida Statute section 768.79.
The Bank of New York Mellon v. Beaufort,Case No. 3D16-2604 (Fla. 3d DCA 2017).
A foreclosing lender need not bring as a witness to trial an employee of the previous note owner to testify as to the documentsto lay the foundation for the introduction of the documents.
Werb v. Green Tree Servicing LLC, Case No. 4D15-4809 (Fla. 4th DCA 2017).
Possession of a note is the primary criteria to determinestanding, even when servicing rights of the note have been transferred prior to thefiling of the complaint. Moreover, introduction of an incomplete payment history merits remand to the trial court, not dismissal with prejudice, for further taking of evidence.