CIVIL PROCEDURE: DISMISSAL FOR LACK OF PROSECUTION: FILING MOTION TO AMEND COMPLAINT AND PROPOSED AMENDED COMPLAINT DURING SIXTY DAY GRACE PERIOD

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Nalley v. Rotstein, ___ So. 3d ___, 38 Fla. L. Weekly D704 (Fla. 5th DCA March 28, 2013)

The appellate court reversed a dismissal for lack of prosecution because the plaintiff filed a motion for leave to amend and a proposed amended complaint within the sixty-day grace period.… Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: REESTABLISHMENT OF LOST NOTE: LACK OF PROOF OF ENTITLEMENT TO ENFORCE NOTE

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Boumarate v. HSBC Bank USA, N.A., ___ So. 3d ___, 38 Fla. L. Weekly D705 (Fla. 5th DCA March 28, 2013)

The appellate court reversed summary final judgment of foreclosure in favor of the bank.  The complaint contained a count for foreclosure and a count to reestablish a lost note, but the bank did not “prove its right to … Click To Read Full Case Law Review...

CREDITORS REMEDIES: PROCEEDINGS SUPPLEMENTARY

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Okaloosa New Opportunity, LLC v. LD Projects, LLC, ___ So. 3d ___, 38 Fla. L. Weekly D706 (Fla. 5th DCA March 28, 2013)

The appellate court reversed the denial of the plaintiff’s motion for proceedings supplementary because the plaintiff filed an affidavit establishing that “the sheriff h[eld] an unsatisfied writ of execution on a money judgment and that the … Click To Read Full Case Law Review...

CONTRACTS: REFORMATION

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The Calypso Developers I, LLC v. Pelican Properties of South Walton, LLC., ___ So. 3d ___, 38 Fla. L. Weekly D713 (Fla. 1st DCA March 28, 2013)

The appellate court affirmed judgment for reformation because the parties agreed to this remedy even though they were not entitled to it.  The parties entered into two contracts.  Each contract provided for … Click To Read Full Case Law Review...

CONTRACTS: SALE OF REAL ESTATE: PROMISSORY ESTOPPEL IS NOT AN EXCEPTION TO THE STATUTE OF FRAUDS

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DK Arena, Inc. v. EB Acquisitions I, LLC, ___ So. 3d ___, 38 Fla. L. Weekly S187 (Fla. March 28, 2013)

The parties entered into a contract for the sale of land.  Under the terms of the contract, the seller was entitled to the deposit if the buyer did not terminate the contract during the due diligence period.  The trial … Click To Read Full Case Law Review...