• Arbitration/Waiver: defendant waived right to arbitration by defending against claim of replevin in court litigation for two years – Gen. Elec. Capital Corp. v. Bio-Mass Tech, Inc., No. 2D13-1657 (Fla. 2d DCA Feb. 12, 2014) (reversing order staying action and compelling arbitration)
  • Foreclosure/Authentication: court erred in admitting documents relied upon by testifying employee of loan servicer to establish amount due on note, which were hearsay and were not properly authenticated, where no showing employee was records custodian or had personal knowledge – Kelsey v. SunTrust Mortg., Inc., No. 3D12-2994 (Fla. 3d DCA Feb. 12, 2014) (granting rehearing, reversing final default judgment of foreclosure)
  • Foreclosure/Standing: foreclosing plaintiff failed to establish standing to bring action, where it filed  original note containing undated endorsement in blank after complaint was filed and it failed to file evidence establishing that it obtained possession of note prior to filing complaint – Zimmerman v. JPMorgan Chase Bank, N.A., No. 4D12-2190 (Fla. 4th DCA Feb. 12, 2014) (reversing final judgment of foreclosure)
  • Temporary Injunction/Modification: court abused discretion by modifying temporary injunction to disburse to lender disputed funds from court registry with no restrictions, effectively granting lender permanent relief without considering borrower’s counterclaims – Minty v. Meister Fin. Group, Inc., No. 4D13-699 (Fla. 4th DCA Feb. 12, 2014) (reversing modification of temporary injunction)
  • Slander of Title: property owner stated slander of title claim based on lien for unpaid maintenance assessments where she alleged lien was cloud on title resulting in special damages, including inability to obtain conventional loan, loss of contract to sell property, inability to lease property, and damage to creditworthiness – Jenkins v. Plaza 3000, Inc., No. 4D12-4326 (Fla. 4th DCA Feb. 12, 2014) (reversing final judgment)
  • Damages: award for unpaid maintenance assessments not supported by competent, substantial evidence where interest charged exceeded statutory rate – Jenkins v. Plaza 3000, Inc., No. 4D12-4326 (Fla. 4th DCA Feb. 12, 2014) (reversing final judgment)