• Summary Judgment: reversal of summary final judgment of foreclosure because of disputed issues of fact concerning amount of rents received from property that should have been credited to outstanding debt – Synovus Bank v. Walker, No. 1D12-5176 (Fla. 1st DCA Mar. 14, 2014) (reversed and remanded for further proceedings)
  • Verification: loan servicer’s verification of foreclosure complaint on behalf of foreclosure plaintiff need not be accompanied by evidence documenting servicer’s authority to sign – Deutsche Bank Nat'l Trust Co., as Trustee v. Plageman, No. 2D12-5974 (Fla. 2d DCA Mar. 12, 2014) (reversing dismissal of second amended complaint)
  • Venue Provision: party to stipulated settlement agreement, which settled previous foreclosure action, entitled to enforce mandatory venue provision contained in that agreement in subsequent litigation – EverBank v. Atlantic Hospitality of Fla., LLC, No. 3D13-2619 (Fla. 3d DCA Mar. 12, 2014) (reversing portion of order refusing to enforce venue provision but affirming in all other respects)
  • Service of Process: defect in mortgagor’s name does not vitiate service of process that was effectuated on correct mortgagor – Popescu v. JP Morgan Chase Bank, NA, No. 4D13-1882 (Fla. 4th DCA Mar. 12, 2014) (affirming order denying motion to dismiss for insufficiency of service of process)
  • Case at Issue: foreclosure trial improper because case was not at issue – Lurtz v. The Bank of New York Mellon, No. 4D13-2251 (Fla. 4th DCA Mar. 12, 2014) (reversing and remanding for new trial in compliance with Rule 1.440(a))
  • Breach of Policy Provisions: determination of whether insurer was prejudiced by insured’s alleged breach of pertinent policy provisions was appropriate – Hamilton v. State Farm Fla. Ins. Co., No. 5D12-3733 (Fla. 5th DCA Mar. 14, 2014) (reversed and remanded)
  • Quiet Title: affirming dismissal of mortgagor’s quiet title action against lenders and affirming sanctions award against mortgagor and her counsel for frivolous claim – Badgley v. SunTrust Mortgage, Inc., 5D13-2500 (Fla. 5th DCA Mar. 14, 2014) (affirming dismissal)
  • Property Tax: lessee can have equitable ownership, for purposes of ad valorem taxation, of improvements on leasehold although lessee does not have perpetual lease or right to purchase for nominal value at end of lease - 1108 Ariola LLC v. Jones, No. SC11-2231 (Fla.  March 20, 2014) (Fla. 1st DCA decision approved)
  • Property Tax: leaseholders under 99-year renewable leases granted by county are equitable owners of real property and may be taxed as owner if lessee has all benefits and obligations of ownership despite not having possession of legal title -Accardo v. Brown, No. SC11-1445 (Fla.  Mar. 20, 2014) (Fla. 1st DCA decision approved)
  • Foreclosure/Notice: sufficient notice provided to mortgagor under Paragraph 22 of mortgage, by advising mortgagor that holder of note could institute “foreclosure proceedings” if default wa not cured and that he “may” have right to reinstate mortgage after acceleration – U.S. Bank National Association, as Trustee v. Busquets, No. 2D13-280 (Fla. 2d DCA Mar. 21, 2014) (reversed and remanded)
  • Landlord/Tenant: failure to comply with contractual condition precedent of lease’s default notice requirement results in judgment for tenant – Miami Fourth, LLC v. GC Lounge, LLC, No. 3D13-2311 (Fla. 3d DCA Mar. 19, 2014) (affirmed in part and vacated in part)
  • Assessments: purchaser of property acquired by tax deed sale not liable to condominium association for unpaid assessments accrued prior to issuance of tax deed – A to Z Properties Inc., v. Fairway Palms II Condo. Assoc. Inc., (Fla. 4th DCA Mar. 19, 2014) (reversed and remanded)