Henson v. Santander Consumer USA Inc., Case No. 16–349 (2017).
Parties that collect debts (including purchased debt) are not “debt collectors” within the meaning of the Fair Debt Collection Practices Act, 15 U. S. C. §1692a(6).Microsoft Corp. v. Baker, Case No. 15–457 (2017).
Federal courts of appeals lack jurisdiction under 28 U. S. C. §1291 to review an order denying class certification after the named plaintiffs have voluntarily dismissed their claims with prejudice as otherwise would violate the finality principle.Treasure Coast Marina, LC v. The City of Fort Pierce, Florida, Case No. SC16-1107 (Fla. 2017).
A municipally owned and operated marina qualifies as an exempt “municipal or public purpose” under Article VII, Section 3(a) of the Florida Constitution, and is therefore exempt from ad valorem taxation.Clay County Land Trust v. HSBC Ban, USA, National Association, Case No. 1D15-2113 (Fla. 1st DCA 2017).
“Surrender” in bankruptcy court means a litigant has forfeited the right in state court to contest any suits regarding the surrendered property.Desylvester v. The Bank Of New York Mellon, Case No. 2D15-5053 (Fla. 2d DCA 2017).
Upon rehearing, the Second District re-affirms that a foreclosure complaint that alleges that “all subsequent payments” have not been made within five years is sufficient to withstand a statute of limitations attack notwithstanding the original date of default was not within five years.Isla Blue Development, LLC v. Moore, Case No. 2D16-1718 (Fla. 2d DCA 2017).
A “safe harbor notice” under Florida Statute section 57.105 need not comply with Florida Rule of Judicial Administration 2.516, i.e., need not be served via email and otherwise, in order to be effective. Conflict certified with Matte v. Caplan, 140 So. 3d 686 (Fla. 4th DCA 2014).Head v. Sorensen, Case No. 2D16-3665 (Fla. 2d DCA 2017).
Questions of fact as to whether one party to a contract has acted in bad faith by helping procure an event that would cause the contract to terminate renders summary judgment in favor of that party improper.Wells Fargo Bank, N.A. v. Sheikha, Case No. 4D16-1308 (Fla. 4th DCA 2017).
A party may enforce a promissory note that has the words “canceled.”The Town of Ponce Inlet v. Pacetta, LLC,Case No. 5D14-4520 (Fla. 5th DCA 2017).
The Florida courts recognize “England reservations” (under England v. La.State Bd. of Med. Exam’rs, 375 U.S. 411, 421–22 (1964),party exposes federal claims in state court merely to comply with Government and Civic Employees Organizing Committee, CIO v.Windsor, 353 U.S. 364 (1957), and that party intends to return to federal court for resolution of the federal claims), and further holds the reservation is not absolute and is
dependent upon the party making the reservation and not thereafter asking the state court
to resolve the federal issue or issues that had previously been reserved.PNC Bank, National Association v. Smith, Case No. 5D15-3291 (Fla. 5th DCA 2017).
An allegation of “unclean hands” used to defeat claims can only be raised as to actions in the present case.
