REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: RES JUDICATA: INVOLUNTARY DISMISSAL OF FIRST FORECLOSURE ACTION DID NOT BAR SECOND FORECLOSURE ACTION BASED UPON SUBSEQUENT DEFAULT: ERROR TO QUIET TITLE IN FAVOR OF HOMEOWNER’S ASSOCIATION, WHICH WAS A CODEFENDANT IN BOTH FORECLOSURE ACTIONS AND PURCHASED PROPERTY AT JUDICIAL SALE AFTER FORECLOSING ON ITS OWN LIEN

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2010-3 SFR Venture, LLC v. Garcia, ___ So. 3d ___, 39 Fla. L. Weekly D2044 (Fla. 4th DCA September 24, 2014)

The borrower defaulted on her mortgage and failed to pay homeowner’s association fees.  As a result, the bank filed an action to foreclose on its mortgage and named the association as an additional defendant, but the trial court … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: AFFIRMATIVE DEFENSES: FAILURE TO COMPLY WITH HUD REGULATIONS REQUIRING LOSS MITIGATION EFFORTS; CIVIL PROCEDURE: SUMMARY JUDGMENT

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Real Estate Mortgage Network, Inc. v. Knight, ___ So. 3d ___, 39 Fla. L. Weekly D2045 (Fla. 4th DCA September 24, 2014)

The trial court, in a mortgage foreclosure, entered summary judgment for the borrowers based upon their affirmative defense that the lender failed to comply with HUD regulations “requir[ing] lenders to make certain loss mitigation efforts prior to … Click To Read Full Case Law Review...

CONTRACTS: ATTORNEY’S FEES: ESTOPPEL: DOCTRINE OF INCONSISTENT POSITIONS: PLAINTIFF WAS ESTOPPED FROM ARGUING THAT DEFENDANTS WERE NOT PARTIES TO CONTRACT UPON WHICH DEFENDANTS’ CLAIM FOR PREVAILING PARTY ATTORNEY’S FEES WAS BASED BECAUSE PLAINTIFF SUED DEFENDANTS FOR BREACH OF THE SAME CONTRACT AND THE PARTIES STIPULATED THAT THE DEFENDANTS WERE BOUND BY IT

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MCG Financial Services, L.L.C. v. Technogroup, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D2046 (Fla. 4th DCA September 24, 2014)

The plaintiff sued the defendants for breach of contract and fraud based upon failure to make payment under a contract for the lease and maintenance of a photocopier.  At trial, the parties stipulated that the defendants were … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: CONSTRUCTION: WORKER’S COMPENSATION IMMUNITY: GENERAL CONTRACTOR, WHO SECURED COMPENSATION FOR THE EMPLOYEES OF ITS SUBCONTRACTOR, WAS ENTITLED TO IMMUNITY FROM LIABILITY FOR INJURIES TO SUB-SUBCONTRACTOR’S EMPLOYEE: GENERAL CONTRACTOR WAS NOT ESTOPPED FROM RELYING UPON WORKERS’ COMPENSATION IMMUNITY BECAUSE THE SUBCONTRACTOR DID NOT REPORT THE INJURY TO ITS CARRIER

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VMS, Inc. v. Alfonso, ___ So. 3d ___, 39 Fla. L. Weekly D2049 (Fla. 3d DCA September 24, 2014)

The employee of a sub-subcontractor, who was injured when hot tar spilled on him on a roadway maintenance project, sued the general contractor and the subcontractor for negligence.  Both the general contractor and the subcontractor secured workers’ compensation insurance.  The general … Click To Read Full Case Law Review...

REAL ESTATE: CIVIL PROCEDURE: SUBJECT MATTER JURISDICTION: APPEALS: PROHIBITION: TRIAL COURT POSSESSED JURISDICTION OVER CONDOMINIUM ASSOCIATION’S ACTION FOR EVICTION AND EJECTMENT BECAUSE TENANT WAS RESIDING IN UNIT WHEN ACTION WAS FILED: TRIAL COURT RETAINED JURISDICTION OVER ACTION TO ENJOIN TENANT FROM RESIDING IN A UNIT CONTROLLED BY THE ASSOCIATION AFTER TENANT VACATED UNIT

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Shteyn v. Grandview Palace Condo Association, ___ So. 3d ___, 39 Fla. L. Weekly D2053 (Fla. 3d DCA September 24, 2014)

The condominium association sued a unit owner and the owner’s tenants for eviction, ejectment, and injunction against violating the association’s rules and regulations.  After the action was filed, the tenants vacated the unit, and the trial court entered summary … Click To Read Full Case Law Review...