McNamara v Government Employees Insurance Company, Case No. 20-13251 (11th Cir. 2022).
A settlement may constitute a “qualifying excess judgment” for a bad faith claim.
Pingora Loan Servicing, LLC v. Scarver (In re Lindstrom), Case No. 20-13615 (11th Cir. 2022).
An “attesting” witness sees the signature applied to the instrument and attest to having seen the act while a “acknowledging” witness is an officer before whom the grantor appeared and declared the paper to be their instrument.
Ocwen Loan Servicing, LLC v. Bishop, Case No. 4D21-69 (Fla. 4th DCA 2022).
The sentence “Lender may revoke the waiver as to any or all [e]scrow [i]tems at any time by a notice[.]” permits a lender to revoke a borrower’s ability to pay typical escrow expenses directly and further permits the lender to force-place insurance on a residence.
Ghazzawieh v. Iglesias,Case No. 5D21-879 (Fla. 5th DCA 2022).
A proposal for settlement that has a condition of payment of the proposed settlement amount within thirty days is enforceable as the payment can be tendered at the same time as acceptance of the proposal.
BMW of North America, LLC v. Henry, Case No. 5D21-885 (Fla. 5th DCA 2022).
Contingency-risk multipliers are prohibited under federal statutes awarding attorney’s fees.
Orlando Bar Group, LLC v. DeSantis, Case No. 5D21-1248 (Fla. 5th DCA 2022).
Pandemic-era restrictions did not amount to inverse condemnation as there was no taking under Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1015 (1992), Penn Central, and Cedar Point Nursery v. Hassid, 141 S. Ct. 2063, 2071 (2021).