Patel v. Specialized Loan Servicing, LLC, CaseNo. 16-12100 (11th Cir. 2018).
The Filled Rate Doctrine (judicial action cannot undermine agency rate-making authority) precludes suit by borrowers complaining force-placed insurance violated the Truth in Lending Act and the Florida Unfair and Deceptive Trade Practices Act.
Levy v. Ben-Shmuel, Case No. 3D17-2355 (Fla. 3d DCA 2018).
A party that fails to prove the proper measure of damages at trial is not, upon remand by the appellate court, entitled to a new trial on damages unless the failure was caused by judicial error.
Rodgers v. Deutsche Bank National Trust Company, Case No. 4D18-82 (Fla. 4th DCA 2018).
A foreclosure judgment which contains an error in the legal description can be corrected under Florida Rule of Civil Procedure 1.540(b), while errors caused upon the entry of the final judgment are corrected by 1.540(a).
National Millwork, Inc. v. ANF Group, Inc., Case No. 4D18-545 (Fla. 4th DCA 2018).
An arbitration agreement may not expand the scope of judicial review beyond that set forth in the Florida Arbitration Code.