In Romagnoli v. SR Acquisitions the 3rd DCA recently held that guarantors who were not named in the previous foreclosure action were not estopped (or prevented) from raising defenses in the subsequent action on their guaranties.
Perry Law News and Features
Florida has introduced the Protect Florida Small Business Act for consideration which would add greater protection for franchisees.
Updating an earlier post, the Florida 4th DCA has now held that those liens between the final judgment of foreclosure and the sale date are in fact discharged by the sale.
Uber pushed to have a driver’s proposed class action as to employees v. independent contractors go through arbitration per the terms of its contract with drivers.
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.”
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.