Holzman v. Malcolm S. Gerald & Associates, Inc., Case No. 16-16511 (11th Cir. 2019).
So long as one can reasonably infer an implicit threat, litigation need not be explicitly threatened for a collection letter seeking payment of a time-barred debt to constitute a violation of § 1692e of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.,Marocco v. Brabec, Case No. 1D17-894 (Fla. 1st DCA 2019).
A trial judge may not sua sponte raise and apply the Sword and Shield Doctrine to reduce a jury’s award.Dorsey v. Robinson, Case No. 1D18-1297 (Fla. 1st DCA 2019).
“In possession of the lands” for purposes of Florida Statute section 712.03(3) (the “possession exception” to the extinguishment provisions of the Marketable Record Title Act) requires more than merely the power to occupy the land and may require continued physical presence on the land.Lehmann v. Cocoanut Bayou Association, Inc., Case No. 2D15-4968 (Fla. 2d DCA 2019).
The owner of land in a common law dedication of a street retains title to the dedicated land but the owner of land in a statutory dedication does not. However, the owner of land in a statutory dedication retains a reversionary interest such that the land returns to the owner (or the owner’s successors in title) if the governmental authority relinquishes the statutory dedication.Wells Fargo Bank, N.A. v. Quest Systems, LLC, Case No. 2D17-1184 (Fla. 2d DCA 2019).
On rehearing, the Second District holds that a promissory note modification agreement is an agreement “relating to” commercial paper and is self-authenticating under Florida Statute section 90.902(8).Bazzichelli v. Deutsche Bank Trust Company Americas, Case No. 3D18-1497 (Fla. 3d DCA 2019).
Florida Rule of Civil Procedure 1.540(a) allows a party to amend a judgment to correct a clerical error, including an error in the name of one of the parties in a foreclosure judgment which error has created title issues.Kronen v. Deutsche Bank National Trust Company, Case No. 4D18-1137 (Fla. 4th DCA 2019).
A promissory note with its loan numbers redacted as requiredunder FloridaRule of Judicial Administration 2.425(a)(4)(I)is entitled to the presumption of standing found in Ortiz v. PNC Bank, National Ass’n, 188 So. 3d 923, 925 (Fla. 4th DCA 2016).Florida Organic Aquaculture, LLC v. Advent Environmental Systems, LLC,Case No.5D17-530 (Fla. 5th DCA 2019).
A court that rules on a Motion for Rehearing loses jurisdiction to enter further orders other than post-decretal orders or orders under Florida Rule of Civil Procedure 1.540.
