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Case Decision Date: Reviewed by Joseph S. Kashi
Waring v. Nationwide Mutual Fire Insurance Company, ___So. 3d ___, 36 Fla. L. Weekly D1642 (Fla. 2d DCA July 29, 2011)
The appellate court reversed summary judgment for the uninsured motorist carrier in an action for subrogation against the tortfeasor. Although summary judgment was proper as to liability because “[the carrier] established [the tortfeasor’s] negligence as the rear driver in … Click To Read Full Case Law Review...
Case Decision Date: Reviewed by Joseph S. Kashi
BMR Funding, LLC v. DDR Corporation, ___So. 3d ___, 36 Fla. L. Weekly D1642 (Fla. 2d DCA July 29, 2011)
The trial court erred by awarding attorney’s fees to defendants, who defeated the plaintiff’s motion for deficiency judgment in an action to foreclose upon a mortgage, because the defendants failed to plead an entitlement to fees, although they had ample … Click To Read Full Case Law Review...
Case Decision Date: Reviewed by Joseph S. Kashi
Morrison v. US Bank, N.A., ___So. 3d ___, 36 Fla. L. Weekly D1646 (Fla. 5th DCA July 29, 2011)
The appellate court reversed summary judgment for the bank in an action to foreclose upon a mortgage. The borrower claimed that notice of default had not been given. “Although [the bank] attached a copy of the notice to its motion, the … Click To Read Full Case Law Review...
Case Decision Date: Reviewed by Joseph S. Kashi
M.R. v. K.W., ___So. 3d ___, 36 Fla. L. Weekly D1600 (Fla. 2d DCA July 27, 2011)
“To enter a final judgment of injunction for sexual violence, the court must find that an act of sexual violence occurred.” In the present case, the trial court failed to comply with this requirement. As a result the appellate court reversed and remanded … Click To Read Full Case Law Review...
Case Decision Date: Reviewed by Joseph S. Kashi
Laurencio v. Deutsche Bank National Trust Company, ___So. 3d ___, 36 Fla. L. Weekly D1600 (Fla. 2d DCA July 27, 2011)
The appellate court reversed summary judgment in favor of the bank in an action to foreclose on a mortgage because the lender filed (1) an affidavit “asserting that [the bank] had not provided notice of acceleration prior to initiating … Click To Read Full Case Law Review...
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