Soule v. U.S. Bank National Association,Case No. 2D16-3231 (Fla. 2d DCA 2018).
A successor service’s introduction into evidence of a default letter written by a prior servicer does not constitute evidence that the letter was mailed.
Gibson v. Wells Fargo Bank, N.A.,Case No. 2D16-5632(Fla. 2d DCA 2018).
A tax refund resulting from a tax return filed by husband and wife is property rebuttably presumed to be owned as tenants by the entireties.
Griffith v. Quality Distribution, Inc., Case No. 2D17-3160 (Fla. 2d DCA 2018).
In a case of first impression for Florida courts, the Second District adopts the In re Trulia, Inc.Stockholder Litigation, 129 A.3d 884 (Del. Ch. 2016), standard for analyzing disclosure settlements in class action litigation, and holds that supplemental disclosures “must address and correct a plainly material misrepresentation or omissionand the subject matter of the proposed release must be narrowly circumscribed toencompass nothing more than disclosure claims and fiduciary duty claims concerningthe sale process” in order for settlement to be approved.
Desulme v. Rueda, Case No. 3D17-1652Fla. 3d DCA 2018).
A party must obtain permission from the court appointing the receiver before suing the receiver; the only exception is where the receiver has acted outside his or her authority.
Bluefield Ranch Mitigation Bank Trust v. South Florida Water Management District, Case No. 4D16-3023 (4th DCA 2018).
An economic injury combined with something more, e.g., a requirement that a competitor comply with a statute, is sufficient to confer standing the Florida Administrative Procedure Act.