• Foreclosure: reservation of jurisdiction in final judgment to determine amount of attorneys’ fees renders that portion of judgment non-final and non-appealable – BAC Home Loans Servicing LP v. Ridgway, No. 1D13-3853 (Fla. 1st DCA June 25, 2014) (affirming in part, dismissing in part)
  • Foreclosure: trial court entitled to presumption of correctness in entry of final judgment of foreclosure where transcript of proceeding not available for review – Muhammad v. BAC Home Loans Servicing, LP, No. 4D13-1580 (Fla. 4th DCA June 25, 2014) (affirming final judgment)
  • Foreclosure: accelerated mortgage remains enforceable after voluntary dismissal of foreclosure action and may be accelerated again based upon different default less than five years old – Evergrene Partners, Inc. v. Citibank, N.A., No. 4D13-2236 (Fla. 4th DCA June 25, 2014) (affirming dismissal of borrower’s complaint to cancel mortgages)
  • Foreclosure:  court abused discretion by involuntarily dismissing foreclosure action without prejudice based on bank’s failure to comply with court’s Uniform Order Setting Cause for Non-Jury Trial and Trial Instructions where case not properly at issue, parties had requested continuance that would not have prejudiced either party, and bank counsel’s failure to timely serve Uniform Order was “honest error” – Ocean Bank v. Garcia-Villalta, No. 3D13-461 (Fla. 3d DCA July 2, 2014)  (remanding for reinstatement of foreclosure action)
  • Foreclosure/Attorneys’ Fees:  evidence insufficient to support award of attorneys’ fees and costs where affidavits of condominium association’s attorney and fees expert not introduced into evidence and no testimony of expert or timekeeping attorneys at trial –Diwakar v. Montecito Palm Beach Condo. Ass’n, No. 4D13-915 (Fla. 4th DCA July 2, 2014) (remanding for additional evidence on attorneys’ fees).