Bivens v. Bank of America, N.A., Case No. 16-15119 (11th Cir. 2017).
Failing to timely respond to a borrower’s Qualified Written Request (“QWR”) under 12 U.S.C. § 2605(e) is not a violation of the Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq., if the borrower sends his QWR to an address other than the one the servicer designates to receive QWRs.Platinum Luxury Auctions, LLC v. Concierge Auctions, LLC, Case No. 3D16-1958 (Fla. 3d DCA 2017).
A settlement agreement with a confidentiality and non-disparagement provision does not require the removal from a website those disparaging remarks existing on the website both before and after the partiesenteedinto the settlement agreement.New Day Miami, LLC v. Beach Developers, LLC, Case No. 3D17-1071 (Fla. 3d DCA 2017).
An order on a Florida Rule of Civil Procedure 1.540 motion may be an appealable final order, but a motion for rehearing directed to the order does not toll appellate time periods due to Florida Rule of Appellate Procedure 9.130(a)(5) which holds that “[m]otions for rehearing directed to these orders will not toll the time for filing anotice of appeal.”The Warwick Corporation v. Turetsky, Case No. 4D16-256 (Fla. 4th DCA 2017).
A court may refer to an instrument incorporated by reference into a contract to determine whether the contract is ambiguous.Nationstar Mortgage, LLC v. Chan,Case No. 5D16-3492 (Fla. 5th DCA 2017).
The Fifth District joins the Second and Fourth Districts in holding that a party substituting for a plaintiff that had standing at inception gains the same standing.
