Lucoff v. Navient Solutions, LLC,Case No. 19-13482 (11th Cir. 2020).
A person who consents online to be contacted regarding past due debts even though he earlier advised the company he did not wish to be contacted has, as a legal matter, changed his preference and cannot claim a violation of the Telephone Consumer Protection Act of 1991 (“TCPA”), 47U.S.C. § 227.In Re: Amendments to Florida Rules of Appellate Procedure 9.120 And 9.210, Case No. SC20-597 (Fla. 2020).
Changes to the Florida Rules of Civil Procedure, including certification and required fonts.Galleon Bay Corporation v. Board of County Commissioners of Monroe County, Florida, Case No. 3D19-1783 (Fla. 3d DCA 2020).
Florida Statute sec. 73.111 (the money to satisfy a condemnation judgment award must be deposited in the court registry within 20 days of the judgment)does not apply to inverse condemnation awards.Kachkar v. U.S. Bank National Association, Case No. 3D19-1961 (Fla. 3d DCA 2020).
A signatory to a mortgage, even if not a party to the foreclosure case, is permitted to intervene in proceedings to set a foreclosure sale.Wahnon v. Coral & Stones Unlimited Corp., Case No. 3D19-2387 (Fla. 3d DCA 2020).
A trial court faced with invocation of a witness’s invocation of the Fifth Amendment privilege against self-incrimination which impacts a party’s right to discovery and access to the courts may fashion an appropriate balancing remedy, including but not limited to, staying the case, preventing awitness from testifying or a party from presenting evidence, and recognizing anadverse inference.Torruella v. Nationstar Mortgage, LLC, Case No. 5D19-3298 (Fla. 5th DCA 2020).
A party that has not been served in a lawsuit is not a “prevailing party” entitled to attorney’s fees when the suit is dismissed.
