Dyck-O’Neal, Inc. v. Lanham, Case No. SC17-975 (Fla. 2018).
Resolving a conflict between the district courts of appeal, the Florida Supreme Court rules that reserving jurisdiction in a final judgment of foreclosure to award a deficiency judgment does not prohibit a lender from later seeking a deficiency judgment under Florida Statute section 702.06.
Fischer v. HSBC Bank USA, Case No. 2D16-5307 (Fla. 2d DCA 2018).
A former Chapter 13 debtor may contest standing in a state foreclosure action even if he promised in his Chapter 13 proceedings to surrender the property to the creditor.
The Bank of New York Mellon v. Garcia, Case No. 3D17-2041 (Fla. 3d DCA 2018).
A duplicate of a modification agreement may properly be introduced into evidence over a Best Evidence Rule objection.
Yampol v. Turnberry Isle South Condominium Association, Inc., No. 3D17-2752 (Fla. 3d DCA 2018).
An order denying a motion for attorney’s fees is an appealable, non-final order when the trial court intends there be no further judicial labor.
JBJ Investment of South Florida, Inc. v. Southern Title Group, Inc., Case Nos. 4D16-1925 & 4D16-3974 (Fla. 4th DCA 2018).
The fact that a title agent, and not the closing attorney, prepared the defective legal description attached to the mortgage does not exculpate the attorney from malpractice.
Webber v. D’Agostino, Case No. 4D17-3007 (Fla. 4th DCA 2018).
A contractual prevailing party fees provision does not merge into the final judgment and can provide the basis for an award of post-judgment attorney’s fees.