Rippo v. Baker, Case No. 16–6316 (2017).
The Due Process Clause may require recusal of a judge even when the judge has no actual bias; recusal is required when, viewed objectively, “the probabilityof actual bias on the part of the judge or decisionmakeris too high to be constitutionally tolerable.”Tarantola v. Henghold, M.D., P.A., Case No. 1D16-3718 (Fla. 1st DCA 2017).
When used in a restrictive covenant, the phrase “including [a specific restriction]” following a general restriction illustrates the restricted conduct and are not words that limit the restriction.Harris v. U.S. Bank National Association, Case No. 1D15-2022 (Fla. 1st DCA 2017).
The “face to face” counseling requirements of H.U.D. regulation 24 C.F.R. § 203.604 are a condition precedent when the lender has a branch within 200 miles of the borrower, but the condition precedent can be waived.Spradleyv. Spradley, Case No. 2D15-4850 (Fla. 2d DCA 2017).
A cause of action for conversion can be brought for wrongful detention of items which have no intrinsic value, including papers and documents.ARC HUD I, LLC v. Ebbert, Case No. 2D15-4848 (Fla. 2d DCA 2017).
The time to determine whether a lender has a branch within 200 miles of borrower so as to bring into play the “face to face” counseling requirements of H.U.D. regulation 24 C.F.R. § 203.604 is when the borrower defaults.Wardlow v. State of Florida, Case No. 2D16-370 (Fla. 2d DCA 2017).
An appellate court has the power to change its ruling in a previously concluded appeal when failure to do so constitutes fundamental error.Abundant Living Citi Church, Inc. v. Abundant Living Ministries, Inc.,Case No. 3D16-2649 (Fla. 3d DCA 2017).
An order of ejectment arising from a hearing on a “motion for ejectment” (without trial) is tantamount to a motion for summary judgment and must comply with Florida Rule of Civil Procedure 1.510.Flinnv. Doty, Case No. 4D15-2424 (Fla. 4th DCA 2017).
Unjust enrichment is all that is necessary to impose an equitable lien on a homestead; fraud and egregious conduct are not requirements to imposition of the equitable lien.Stanbro v. Mccormick 105, LLC, Case No. 4D16-3071 (Fla. 4th DCA 2017).
A judgment creditor seeking to garnish a bank account held in the name of multiple parties must prove the funds are exclusively the property of the judgment debtor.
