Timbsv. Indiana, Case No. 17–1091 (2019).
The Constitution’s prohibition against excessive fines applies to the States.Perez v. Deutsche Bank National Trust Company, Case No. 2D17-1043 (Fla. 2d DCA 2019).
Merely introducing a default letter without introducing evidence the letter was actually sent does not satisfy the condition precedent requirement of a mortgage.Papunen v. Bay National Title Company, Case No. 3D17-938 (Fla. 3d DCA 2019).
A buyer of foreclosed property from a lender, which buyer has signed a general release running to the lender for the purchase, may bring suit against the title company that missed post-foreclosure matters that diminished buyer’s title notwithstanding the release to the lender.Obermeyer v. Bank of New York, Case No. 3D18-1637 (Fla. 3d DCA 2019).
A prevailing foreclosure defendant may not be awarded “fees for fees,” i.e., for litigating the amount of attorney’s fees to be awarded.Breger v. Robshaw Custom Homes, Inc., Case No. 5D18-376 (Fla. 5th DCA 2019).
An offeree defendant may not bind all threeplaintiff joint tenants by accepting the offer of only one offering plaintiff and conditioning the acceptance upon dismissal of the lawsuit by all three joint tenant plaintiffs, including requiring dismissal by the two offerors whose proposal for settlement it did not accept.Winter Green at Winter Park Homeowners Association, Inc. v. Ware, Case No. 5D18-804 (Fla. 5th DCA 2019).
A trial court, under its inherent power to sua spontereconsider its own rulings, may dissolve a temporary injunction regarding board elections without a motion to dissolve being filed
