Salinas v. Ramsey, Case No. 16-10552 (11th Cir. 2018).
Relying on the Florida Supreme Court’s opinion, the Eleventh Circuit rules that post-judgment discovery is not an “action” under Florida law and is not limited by the Florida Statute of Limitations and discovery may be employed during the life of the judgment.
Grimes v. Lottes, Case No. 2D16-5557 (Fla. 2d DCA 2108).
Whether a sales agent’s statement that there are no other procuring brokers involved in a transaction is fraudulent involves factual determinations, including whether the statement was one of opinion or fact.
DeJesus v. A.M.J.R.K. Corp.,Case No. 2D17-2374 (Fla. 2d DCA 2018).
Property owned by a corporation is not entitled to homestead exemption from forced levy, even if the person residing on the property is the president and owner of the corporation.
HSBC Bank USA v. Buset, Case No. 3D16-1383 (Fla. 3d DCA 2018).
Experts, including those on “securitization” issues, may not testify on legal issues. Additionally, securing a note with a mortgage does not render the note a non-negotiable note under Article 3.
Sabido v. The Bank Of New York Mellon, Case No. 4D16-2944 (Fla. 4th DCA 2018).
Nationstar Mortgage LLC v.Glass, 219 So. 3d 896 (Fla. 4th DCA 2017), is broader than the issue of standing and holds that that a party that is not entitled to enforce a contract cannot be burdened with the obligations under the contract.
Restoration 1 CFL, LLC v. Asi Preferred Insurance Corporation,Case No. 5D17-755 (Fla. 5th DCA 2018).
Contracts, including mortgages, may not have anti-assignment language that prohibit post-loss assignments.