REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: STANDING WAS NOT ESTABLISHED BY UNDATED BLANK ENDORSEMENT INTRODUCED AT TRIAL OR BY BACKDATED ASSIGNMENT

Matthews v. Federal National Mortgage Association, ___ So. 3d ___, 40 Fla. L. Weekly D729 (Fla. 4th DCA March 25, 2015)

The trial court reversed final judgment of foreclosure based upon lack of standing. The note attached to the complaint was not payable to the plaintiff, and it did not contain any endorsements. Although the original note with a … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: PLAINTIFF FAILED TO ESTABLISH STANDING BECAUSE ITS WITNESS WAS UNABLE TO SAY WHETHER THE NOTE ATTACHED TO THE INITIAL COMPLAINT WAS THE MOST RECENT COPY OF THAT DOCUMENT AND DID NOT PROVIDE ANY INFORMATION DEFINITIVELY ESTALISHING THAT PLAINTIFF HAD POSSESSION OF THE NOTE PRIOR TO THE TIME IT FILED ITS INITIAL COMPLAINT: STANDING WAS NOT ESTABLISHED BY BACKDATED ASSIGNMENT BECAUSE OF THE ABSENCE OF EVIDENCE THAT AN EQUITABLE TRANSFER OF THE NOTE AND MORTGAGE OCCURRED BEFORE SUIT WAS FILED

Lloyd v. The Bank of New York Mellon, ___ So. 3d ___, 40 Fla. L. Weekly D732 (Fla. 4th DCA March 25, 2015)

The appellate court reversed final judgment of mortgage foreclosure because the plaintiff failed to establish standing. The plaintiff’s witness at trial “was unable to say whether the note attached to the initial complaint was the most … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE PER SE: TREE TRIMMER ELECTROCUTED WHEN PALM FROND CAME IN CONTACT WITH POWER LINE: VIOLATIONS OF PROVISIONS OF NATIONAL ELECTRIC SAFETY CODE DEALING WITH RECORDATION AND REMEDYING OF DEFECTS AND TREE TRIMMING DID NOT CONSTITUE NEGLIGENCE PER SE BECAUSE DECEDENT DID NOT FALL WITHIN THE CLASS OF PERSONS THE PROVISIONS WERE DESIGNED TO PROTECT

Vitrano v. Florida Power & Light Company, ___ So. 3d ___, 40 Fla. L. Weekly D732 (Fla. 4th DCA March 25, 2015)

A homeowner hired the decedent to trim his trees. The decedent was electrocuted when a palm frond came into contact with an overhead electrical wire, and the widow sued FP&L for wrongful death. The jury returned a … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: BREAK IN CHAIN OF OWNERSHIP OF, OR RIGHT TO POSSESS, NOTE

Seffar v. Residential Credit Solutions, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D734 (Fla. 4th DCA March 25, 2015)

The appellate court reversed final judgment of foreclosure because of insufficient evidence of standing. RCS, a loan servicer, was the original plaintiff. Bayview, the subsequent loan servicer, was substituted as the plaintiff before trial. The original note was … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: ASSIGNMENT EXECUTED AFTER FORECLOSURE ACTION WAS FILED: UNDATED SPECIAL INDORSEMENTS WITHOUT EVIDENCE WHEN THEY WERE AFFIXED TO NOTE: LACK OF EVIDENCE OF INTENT TO TRANSFER INTEREST IN NOTE AND MORTGAGE

Jelic v. LaSalle Bank, National Association, ___ So. 3d ___, 40 Fla. L. Weekly D737 (Fla. 4th DCA March 25, 2015)

The appellate court reversed final judgment of mortgage foreclosure based upon insufficient evidence of standing because (1) an assignment of the note and mortgage occurred after the foreclosure complaint was filed, (2) special indorsements on the original note … Click To Read Full Case Law Review...

MASTERS: TRIAL COURT MAY NOT APPOINT MASTER ON ITS OWN MOTION OR WITHOUT CONSENT OF PARTIES; APPEALS: MANDAMUS: MANDAMUS LIES TO VACATE ORDER APPOINTING SPECIAL MASTER WITHOUT CONSENT OF THE PARTIES

Joara Freight Lines, Inc. v. Perez, ___ So. 3d ___, 40 Fla. L. Weekly D749 (Fla. 3d DCA March 25, 2015)

The appellate court granted a petition for mandamus to vacate an order appointing a special master without the unanimous consent of the parties. “[A] trial court [may not] appoint a special master on its own motion” or without the … Click To Read Full Case Law Review...

CIVIL PROCEDURE: TRIAL COURT LACKED JURISDICTION TO VACATE DISMISSAL FOR LACK OF PROSECUTION BECAUSE A TIMELY MOTION FOR REHEARING OR RELIEF FROM JUDGMENT WAS NOT FILED AND THE TRIAL COURT’S ORDER DID NOT CONTAIN THE FINDINGS REQUIRED TO GRANT RELIEF FROM JUDGMENT

Aqua Life Corporation v. Reyes, ___ So. 3d ___, 40 Fla. L. Weekly D752 (Fla. 3d DCA March 25, 2015)

Eighteen months after it dismissed a case for lack of prosecution, the trial court granted the plaintiff’s motion for status conference, vacated the order of dismissal, set the case for trial, and ordered the parties to attend mediation. The appellate … Click To Read Full Case Law Review...

INDIAN TRIBES: TRIBAL SOVEREIGN IMMUNITY: TRIBAL SOVEREIGN IMMUNITY DID NOT BAR LAWSUIT BY TRIBE AGAINST ITS LAWYERS FOR FRAUDULENTLY BILLING TRIBE; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT AFFIRMED BECAUSE TRIBE DID NOT REBUT LAWYERS’ PRIMA FACIE SHOWING OF ENTITLEMENT TO RELIEF

Miccosukee Tribe of Indians of Florida v. Lewis, ___ So. 3d ___, 40 Fla. L. Weekly D752 (Fla. 3d DCA March 25, 2015)

An Indian tribe sued its lawyers for fraudulent billing the tribe, representing tribal members when their interests conflicted with the tribe, paying kickbacks to the former chairman of the tribe, divulging tribal finances to the Internal Revenue … Click To Read Full Case Law Review...

CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: ALL THREE DEFENDANTS’ NOMINAL PROPOSALS FOR SETTLEMENT WERE MADE IN GOOD FAITH BASED UPON PLAINTIFF’S CONCESSIONS: TRIAL COURT ERRED IN AWARDING ONE DEFENDANT ONLY ONE-THIRD OF HIS ATTORNEY’S FEES BECAUSE ALL THREE DEFENDANTS HIRED ONE LAW FIRM TO REPRESENT THEM BASED UPON THE SAME THEORY OF DEFENSE

 Isaias v. The H.T. Hackney Co., ___ So. 3d ___, 40 Fla. L. Weekly D753 (Fla. 3d DCA March 25, 2015)

The plaintiff sued three defendants for unpaid invoices. Each defendant filed a proposal for settlement for $500. After the defendants prevailed on the merits, the trial court found that only one of the proposals was made in good faith … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: RIPENESS: DISTRIBUTION OF FIRE INSURANCE PROCEEDS MUST AWAIT FORECLOSURE SALE; CIVIL PROCEDURE: SUMMARY JUDGMENT: ERROR IN HEARING MOTION FOR SUMMARY JUDGMENT ONLY SIXTEEN DAYS AFTER IT WAS SERVED WAS HARMLESS BECAUSE NONMOVING PARTY DID NOT OBJECT TO HAVING THE MOTION HEARD, SHE WAS ALLOWED TO ADVANCE HER POSITION AT THE HEARING, AND SHE DID NOT CONTEND THE OUTCOME WOULD HAVE BEEN DIFFERENT IF THE COURT WAITED ANOTHER FOUR DAYS TO HEAR THE MOTION

White v. Ocwen Loan Servicing, LLC, ­___ So. 3d ___, 40 Fla. L. Weekly D756 (Fla. 3d DCA March 25, 2015)

The trial court in a mortgage foreclosure entered summary judgment for the loan servicer on the borrower’s counterclaims. The motion was heard at trial only sixteen days after it was filed, but the appellate court held that this procedural … Click To Read Full Case Law Review...