Recently, cases of interest to the business litigation and real estate litigation communities were ruled upon. Below are the case styles and their main decree:
Gardner v. Wolfe & Goldstein, P.A., — So. 3d —, 2015 WL 4549471 (Fla. 4th DCA 2015).
A mediated settlement agreement must be signed by the party to be charged in order to be enforced against that party.
Holding title to and “using” real property do not constitute “possession” for purposes of invoking the exception to extinguishment under Florida Statute section 712.03(3) of the Marketable Record Title Act.
Green Tree Servicing, LLC v. Milam, — So. 3d —, 2015 WL 4549200 (Fla. 2d DCA 2015).
Conditions precedent are examined for substantial, not perfect technical, compliance; the Fifth District’s opinion in in Samaroo v. Wells Fargo Bank, N.A., 137 So. 3d 1127 (Fla. 5th DCA 2014), is distinguished.
De Sousa v. JP Morgan Chase, — So. 3d —, 2015 WL 4549593 (Fla. 4th DCA 2015).
A purchaser at foreclosure sale purchases subject to pending litigation associated with an earlier filed lis pendens. A party may not intervene post-judgment absent extraordinary circumstances such as lack of alternatives procedures to protect that party’s interests.
Snyder v. JP Morgan Chase, — So. 3d —, 2015 WL 4549529 (Fla. 4th DCA 2015).
The plaintiff in a mortgage foreclosure action must be in “possession” of the promissory note, either as a holder or as having the rights of a holder.
Publix Supermarkets, Inc. v. Conte, — So. 3d —, 2015 WL 4546946 (Fla. 4th DCA 2015).
A trial court may not enter final judgment while an interlocutory appeal is pending. Additionally, Judge Klingensmith specially concurs with an opinion holding that Florida Statutes Chapter 44 arbitrations are subject to the provisions of Florida Statues Chapter 682, including Chapter 682’s arbitrator disclosure provisions.
Schmidt and Messina v. Deutsche Bank, — So. 3d —, 2015 WL 4577287 (Fla. 5th DCA 2015).
A dated allonge which predates the filing of a foreclosure complaint does not, by itself, establish standing especially when the lender’s witness cannot testify as to when lender acquired the note and lender initially filed a lost note count.
