Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 (11th Cir. 2021).
It is a violation of the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), for a creditor to send debtor’s information to third parties (including debt collection vendors) for purposes of collecting a debt.College Health II, GP, Inc. v. Depau, Case Nos. 3D19-1315 & 3D20-1179 (Fla. 3d DCA 2021).
Counsel for defaulting party must have “actual knowledge” that the defaulting party isrepresented by counsel and also “actual knowledge” that the defaultingparty intends to defend against the lawsuit in order to be required to serve the notice of default.Asgaard Fund, L.P. v. MM80 Oceanside Holdings, LLC, Case No. 3D19-2126 (Fla. 3d DCA 2021).
Pursuant to Florida Statute section 673.1051(2021), an unissued note is binding on the maker.Morburger v. Yellow Funding Corp., Case Nos. 3D21-318 and 3D21-881 (Fla. 3d DCA 2021).
The Third District re-affirms agreement with its prior precedent and the Second District, and holds that the right to wind up under Florida Statute section 607.1405 “applies equally tocorporations that are voluntarily dissolved and to corporations that areadministratively dissolved.”Isola Bella Homeowners Association, Inc. v. Clement, Case No. 4D20-2306 (Fla. 4th DCA 2021).
The general rule the defendant is the prevailing party when a plaintiff dismisses a lawsuit applies when the dismissal is the result of a settlement agreement.
