REAL ESTATE: MORTGAGE FORECLOSURE: AFFIRMATIVE DEFENSES: STANDING: UNDATED ALONGE WITHOUT AFFIDAVIT DEMONSTRATING THAT THE NOTE WAS TRANSFERRED BEFORE THE COMPLAINT WAS FILED: RETROACTIVE ASSIGNMENT RAISES ISSUE OF FACT: CLAIM FOR RECOUPMENT BASED ON TRUTH IN LENDING ACT (TILA) VIOLATIONS MAY BE ASSERTED AS AN AFFIRMATIVE AFTER EXPIRATION OF THE STATUTE OF LIMITATIONS: DEFENDANT’S KNOWLEDGE OF FRAUD NEGATES AFFIRMATIVE DEFENSE OF FRAUD: ORAL MISREPRESENTATIONS CONTRADICTED BY A SUBSEQUENT WRITING ARE NOT ACTIONABLE; CIVIL PROCEDURE: SUMMARY JUDGMENT: FAILURE TO NEGATE AFFIRMATIVE DEFENSE: WAIVER OF TWENTY DAY NOTICE PERIOD

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Vidal v. Liquidation Properties, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D2552 (Fla. 4th DCA October 31, 2012)

The appellate court reversed summary final judgment of mortgage foreclosure for the plaintiff.  (1) The plaintiff failed, as a matter of law, to establish its standing because it produced (a) an undated allonge without “an affidavit demonstrating that the … Click To Read Full Case Law Review...

SANCTIONS: ATTORNEY’S FEES: FAILURE TO SET FORTH BASIS FOR, AND NECESSARY FINDINGS TO SUPPORT, AWARD

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Roberts v. Roberts, ___ So. 3d ___, 37 Fla. L. Weekly D2554 (Fla. 3d DCA October 31, 2012)

The appellate court reversed an award of attorney’s fees and remanded to enable “the trial court to set forth the basis for the award” and the necessary findings to support the award if it was intended as a sanction.… Click To Read Full Case Law Review...

INJUNCTIONS: REPEAT VIOLENCE: STALKING BY HARASSMENT: SUBSTANTIAL EMOTIONAL DISTRESS: LACK OF SUBSTANTIAL COMPETENT EVIDENCE

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Johns v. Penzotti, ___ So. 3d ___, 37 Fla. L. Weekly D2535 (Fla. 2d DCA October 31, 2012)

The appellate court reversed a final judgment of injunction for protection against repeat violence because of the absence of substantial competent evidence of “reasonable, substantial emotional distress caused by multiple instances of stalking by harassment.”… Click To Read Full Case Law Review...

CRIMINAL LAW: DISCOVERY: ORDER COMPELLING PRODUCTION OF REPORTS AND RAW DATA FROM DEFENDANT’S MENTAL HEALTH EXPERTS: IN CAMERA INSPECTION: APPEAL: CERTIORARI: MANDAMUS

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Bailey v. State, ___ So. 3d ___, 37 Fla. L. Weekly D2556 (Fla. 3d DCA October 31, 2012)

The trial court ordered the defendant to produce the reports and raw data created by his mental health experts, who were retained to testify in the event of penalty phase proceedings.  The appellate court denied the defendant’s petition for certiorari because the … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: GROUND LEASE: QUIET TITLE; CIVIL PROCEDURE: MOTION TO VACATE DEFAULT: ABSENCE OF AFFIDAVIT OR SWORN STATEMENT ESTABLISHING EXCUSABLE NEGLECT: ABSENCE OF PLEADING OR AFFIDAVIT ESTABLISHING MERITORIOUS DEFENSE: SUMMARY JUDGMENT; APPEALS: STANDING

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Bank of New York Mellon v. P2D2, ___ So. 3d ___, 37 Fla. L. Weekly D2535 (Fla. 2d DCA October 31, 2012)

The lender sued to foreclose on a mortgage issued to the assignee of a ground lease who built a single family home on the land.  The landowner sued the assignee and the lender for eviction, unpaid rent, and … Click To Read Full Case Law Review...