Florida’s 5th DCA recently held (in 2016 WL 7405629) that a trial court “has discretion to find a different value than that provided by either expert, if the trial court provides an articulable, factual basis for doing so that is supported by competent substantial evidence contained in the record.”
Perry Law News and Features
The 1st DCA recently held in BofA v. Leonard 2016 WL 6684200 that it was error to dismiss a foreclosure action on the ground the certification failed to comply with the statutory requirements.
A Florida federal court judge ruled that the State must first notify voters whose mail-in ballot signatures don’t match the ones on file before the State can cancel their vote.
The 11th Circuit recently held in In re Failla 2016 WL 5750666 that if debtors surrender property in bankruptcy they can no longer defend in the foreclosure action.
Effective October 1, 2016 Florida’s judgment interest rate shall increase to 4.91%. For more information visit:
Florida’s 4th DCA recently heard a case (2016 WL 4468134) concerning the termination date of a lis pendens. The court concluded “the list pendens therefore logically must terminate along with the action. The ‘action’ in this case was the foreclosure action initiated by the non-party bank, which terminated thirty days after the court’s issuance of a final judgment.” Thus, in foreclosure cases where the sale date is extended out the foreclosing party should be cognizant of any liens and their implications.
A Massachusetts court recently held that a series of text messages successfully formed a contract to buy/sell real property. The case highlights the importance to pay attention to all correspondences and digital information in conducting your business.
Thinking about buying a franchise? Perry Law can help with your due diligence, negotiations, review and more. Please contact us for more information.
Often businesses file articles on SunBiz to legally form the company but stop there. Perry Law can help with the remaining organizational documents like bylaws, minutes, resolutions, waivers and more. Please contact us for more information.
The 5th DCA in Billington v. Ginn-La Pine Island (Case No. 5D14-2177) recently certified to the Florida Supreme Court several questions as to reliance and waiver clauses in real estate contracts in the face of fraudulent misrepresentation claims.