APPEALS: TIMELINESS: BANKRUPTCY: PREEMPTION: THE DEADLINE TO FILE A NOTICE OF APPEAL WAS STAYED BY THE APPELLANT’S PETITION FOR BANKRUPTCY

AmMed Surgical Equipment, LLC v. Professional Medical Billing Specialists, LLC, ___ So. 3d ___, 40 Fla. L. Weekly D352 (Fla. 2d DCA February 6, 2015)

Although the defendant filed a notice of appeal 70 days after rendition of a preliminary injunction against it, the court held that the appeal was timely under the unique circumstances of this case. Under Fla. Click To Read Full Case Law Review...

 BANKRUPTCY: REORGANIZATION: CREDITOR MAY SUE IN STATE COURT FOR BREACH OF REORGANIZATION PLAN: TRIAL COURT ERRED BY AWARDING JUDGMENT FOR THE ENTIRE AMOUNT OF THE DEBT LESS PAYMENT MADE BECAUSE PLAN DID NOT HAVE AN ACCELERATION PROVISION

Baggett Brothers Farm, Inc. v. Altha Farmers Cooperative, Inc., ___ So. 3d ___, 39 Fla. L.Weekly D2127 (Fla. 1st DCA October 9, 2014)

The defendant filed a petition in federal bankruptcy court for Chapter 11 reorganization.  The defendant entered into a reorganization plan that required him to make annual installment payments to the plaintiff.  After making one payment, the … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STATUTE OF LIMITATIONS: INITIATION OF SECOND FORECLOSURE ACTION MORE THAN FIVE YEARS AFTER ACCELERATION OF LOAN; CIVIL PROCEDURE: DISMISSAL FOR LACK OF PROSECUTION: SERVICE OF NOTICE OF DISMISSAL ON FORMER COUNSEL: ACTUAL NOTICE OF IMPENDING DISMISSAL MORE THAN THIRTY DAYS PRIOR TO END OF SIXTY DAY POST NOTICE PERIOD: SUMMARY JUDGMENT: MISCALCULATION OF INTEREST DUE

Spencer v. EMC Mortgage Corporation, ___ So. 3d ___, 37 Fla. L. Weekly D2068 (Fla. 3d DCA August 29, 2012)

In 1998, the original lender sued the borrower for foreclosure.  While the action was pending, the lender filed a petition for bankruptcy, the lender sold the loan, the assignee was substituted as the plaintiff in the foreclosure action, and the … Click To Read Full Case Law Review...

STATUTE OF LIMITATIONS: TOLLING: FALSE NAME

M.J.O. Holding Corporation v. Heller, ___ So. 3d ___, 37 Fla. L. Weekly D1956 (Fla. 4th DCA August 15, 2012)

After misidentifying himself as the trustee in bankruptcy, the defendant seized the plaintiff’s inventory. The plaintiff sued the defendant, but the trial court ruled that the action was barred by the statute of limitations, and the appellate court affirmed.  … Click To Read Full Case Law Review...