Lucoff v. Navient Solutions, LLC,Case No. 19-13482 (11th Cir. 2020).
A person who consents online to be contacted regarding past due debts even though he earlier advised the company he did not wish to be contacted has, as a legal matter, changed his preference and cannot claim a violation of the Telephone Consumer Protection Act of 1991 (“TCPA”), 47U.S.C. § 227.
In Re: Amendments to Florida Rules of Appellate Procedure 9.120 And 9.210, Case No. SC20-597 (Fla. 2020).
Changes to the Florida Rules of Civil Procedure, including certification and required fonts.
Galleon Bay Corporation v. Board of County Commissioners of Monroe County, Florida, Case No. 3D19-1783 (Fla. 3d DCA 2020).
Florida Statute sec. 73.111 (the money to satisfy a condemnation judgment award must be deposited in the court registry within 20 days of the judgment)does not apply to inverse condemnation awards.
Kachkar v. U.S. Bank National Association, Case No. 3D19-1961 (Fla. 3d DCA 2020).
A signatory to a mortgage, even if not a party to the foreclosure case, is permitted to intervene in proceedings to set a foreclosure sale.
Wahnon v. Coral & Stones Unlimited Corp., Case No. 3D19-2387 (Fla. 3d DCA 2020).
A trial court faced with invocation of a witness’s invocation of the Fifth Amendment privilege against self-incrimination which impacts a party’s right to discovery and access to the courts may fashion an appropriate balancing remedy, including but not limited to, staying the case, preventing awitness from testifying or a party from presenting evidence, and recognizing anadverse inference.
Torruella v. Nationstar Mortgage, LLC, Case No. 5D19-3298 (Fla. 5th DCA 2020).
A party that has not been served in a lawsuit is not a “prevailing party” entitled to attorney’s fees when the suit is dismissed.