Obduskey v. McCarthy & Holthus LLP, Case No. 17–1307 (2019).
Non-judicial mortgage foreclosures are not subject to the requirements of the Fair Debt Collection Practices Act, 15 U. S. C. §1692a(6), as the Act does not apply to those merely engaged in enforcement of security interests.Managed Care of North America, Inc. v. Florida Healthy Kids Corporation, Case No. 1D16-5700 (Fla. 1st DCA 2019).
A party is entitled to the protection of Florida Statute section 812.081(1)(c) (trade secrets are not subject to Florida’s open records laws) once it proves certain information is used in the operation of its business, that the informationprovides an advantage or the opportunity for an advantage, and that measures are taken to prevent its disclosure; there is no need to independently prove the information’s value as such information is deemed “of value” under the statute.Topalli v. Feliciano, Case No. 2D18-617 (Fla. 2d DCA 2019).
Although describing the process as “problematic,” the Second District declines to prohibit the practice of granting motions for continuance conditioned upon a movant paying the fees and costs of the non-movant.Kendall Healthcare Group, Ltd. v. Madrigal, Case No. 3D18-132 (Fla. 3d DCA 2019).
A trial court’s almost verbatim adoption of one party’s proposed final judgment does not demonstrate an improper delegation of the trial court’s independent judgment when the record clearly reflects the trial court participated in the trial, asked meaningful questions, provided both sides the opportunity to comment, and appeared to understand the issues in the case.MTGLQ Investors, L.P. v. Davis, Case No. 4D18-1618 (Fla. 4th DCA 2019).
Certified mail is deemed “first class mail” for purposes of contractual requirements that notices be sent via “first class mail.”Crawford v. Federal National Mortgage Association, Case No. 5D17-307 (Fla. 5th DCA 2019).
A lender who fails to obtain a spouse’s signature for a mortgage on homestead property may, under the principles of Palm Beach Sav. & Loan Ass’n v. Fishbein,619 So. 2d 267 (Fla. 1993), be entitled to an equitable lien on the homestead property if necessary to avoid unjust enrichment.
