REAL ESTATE: LANDLORD-TENANT: EVICTION: STANDING: SUCCESSOR PROPERTY MANAGER

Midgard Management, Inc. v. Park Centre Med-Suites, LLC, ___ So. 3d ___, 38 Fla. L. Weekly D1013 (Fla. 3d DCA May 8, 2013)

A successor property manager, nominated by the majority of tenants in common of a multi-tenant office property and accepted by the mortgage lender after default, possessed standing to evict a tenant for nonpayment of rent.  The appellate Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: UNDATED ALLONGE ENDORSED IN BLANK: PURCHASE AND ASSUMPTION AGREEMENT: THE STANDARD OF REVIEW ON THE ISSUE OF STANDING IS NOT THE SAME AFTER TRIAL AS AFTER SUMMARY JUDGMENT

Stone v. BankUnited, ___ So. 3d ___, 38 Fla. L. Weekly 989 (Fla. 2d DCA May 3, 2013)

The defendant executed a note and mortgage in favor of BankUnited, F.S.B.  On May, 21, 2009, the FDIC placed BankUnited, F.S.B. into receivership, and BankUnited acquired ownership of the defendant’s note and mortgage through a purchase and assumption agreement.  After the agreement Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: ALLONGE: AFFIXED; CIVIL PROCEDURE: MOTION TO DISMISS: TRIAL COURT’S PHYSICAL INSPECTION OF PURPORTED ALLONGE AND EVIDENTIARY FINDINGS: DISMISSAL WITH PREJUDICE AT THE INITIAL PLEADING STAGE SHOULD BE APPROACHED WITH CIRCUMSPECTION IN FORECLOSURE LITIGATION

Wells Fargo Bank, N.A. v. Bohatka, ___ So. 3d ___, 38 Fla. L. Weekly D885 (Fla. 1st DCA April 22, 2013)

The appellate court reversed dismissal with prejudice of the initial complaint in a mortgage foreclosure.  The complaint alleged that the plaintiff was the owner and holder of the note, but the note attached to the complaint reflected that Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: AFFIRMATIVE DEFENSE: STANDING; CIVIL PROCEDURE: DENIAL OF MOTION TO FILE COUNTERCLAIM: FAILURE CONCLUSIVELY TO PROVE FUTILITY: SUMMARY JUDGMENT: EVIDENCE: FAILURE TO AUTHENTICATE AGREEMENT

Green v. JPMorgan Chase Bank, N.A., ___ So. 3d ___, 38 Fla. L. Weekly D769 (Fla. 5th DCA April 5, 2013)

The trial court, in a mortgage foreclosure, abused its discretion by denying the defendant’s motion to file a counterclaim and erred by entering summary judgment for the plaintiff.  The counterclaim alleged that the bank violated RESPA (the Real Click To Read Full Case Law Review...

FAMILY LAW: EVIDENCE: PSYCHOTHERAPIST-PATIENT PRIVILEGE: STANDING

Carrillo-Jimenez v. Carrillo, ___ So. 3d ___, 38 Fla. L. Weekly D651 (Fla. 4th DCA March 20, 2013)

A parent lacks standing to assert the psychotherapist-patient privilege on behalf of his child if “the parent is involved in litigation seeking to pursue his or her own interests, and the child is not a party to the underlying action.”… Click To Read Full Case Law Review...