REAL ESTATE: MORTGAGE FORECLOSURE: NOTICE OF DEFAULT: FORBEARANCE AGREEMENT WAIVED NOTICE OF DEFAULT ONLY DURING THE FORBEARANCE PERIOD; CIVIL PROCEDURE: SUMMARY JUDGMENT FOR LENDER REVERSED

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Hatadis v. Achieva Credit Union, ___ So. 3d ___, 40 Fla. L. Weekly D562 (Fla. 2d DCA March 4, 2015)

The borrowers contended that the lender was not entitled to foreclose because paragraph 22 of their mortgage entitled them to cure within thirty days after notice of default, but the lender’s notice stated that it had already accelerated and required … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: PLAINTIFF FAILED TO PROVE IT WAS A NONHOLDER IN POSSESSION WITH THE RIGHTS OF A HOLDER BECAUSE IT FAILED TO ESTABLISH THAT ITS TRANSFEROR WAS ENTITLED TO ENFORCE THE NOTE

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Murray v. HSBC Bank USA, ___ So. 3d ___, 40 Fla. L. Weekly D239 (Fla. 4th DCA January 21, 2015)

The appellate court reversed final judgment of foreclosure following a nonjury trial because the plaintiff failed to prove that it was a nonholder in possession with the rights of a holder. “A ‘person entitled to enforce’ an instrument is: … Click To Read Full Case Law Review...

WORKER’S COMPENSATION: STATUTORY EMPLOYERS: STUDENT BITTEN BY DOG WHILE VOLUNTEERING AT VETERINARY CLINIC IN HER HIGH SCHOOL; APPEALS: APPLICATION OF INCORRECT LEGAL STANDARD: ORDER DETERMINING THAT SCHOOL BOARD WAS NOT THE STATUTORY EMPLOYER OF STUDENT REVERSED BECAUSE APPELLATE COURT COULD NOT DETERMINE WHETHER JCC APPLIED THE CORRECT LEGAL STANDARD: EXISTENCE OF WRITTEN CONTRACT IS NOT ESSENTIAL TO EXISTENCE OF STATUTORY EMPLOYMENT RELATIONSHIP: ADVERTISEMENTS MAY CREATE A CONTRACT WITH THE PUBLIC

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Mitchell v. Osceola County School Board, ___ So. 3d ___, 40 Fla. L. Weekly D608 (Fla. 1st DCA August 23, 2015)

The appellate court reversed an order finding that the school board was not the statutory employer of a high school student because the appellate court was unable to determine whether the Judge of Compensation Claims (JCC) applied the … Click To Read Full Case Law Review...