• Foreclosure: D’Oench, Duhme doctrine insulates National Credit Union Administration from affirmative defenses based on fraud in the inducementConlen v. Nat’l Credit Union Admin. Bd., 2D11-1231 (Fla. 2d DCA Dec. 14, 2012) (affirming final judgments of foreclosure)
  • Injunction: court did not abuse discretion in denying temporary injunction seeking to prevent defendant from exercising rights in property conveyed to it by quit-claim deed where plaintiff failed to demonstrate likelihood of irreparable harm State Invest. Holding, Inc. v. Merrick P’ship, LLC, No. 3D11-2369 (Fla. 3d DCA Dec. 12, 2012) (affirming non-final order denying entry of temporary injunction)
  • Foreclosure: mortgagors’ motion to vacate foreclosure judgment properly denied where (i) mortgagors’ failed to present colorable claim that plaintiff lacked standing, particularly where original note and mortgage filed with the court, and (ii) mortgagor who did not receive notice of the final hearing had been defaulted and was not a party to the noteRooney v. Wells Fargo Bank, N.A., No. 4D11-4724 (Fla. 4th DCA Dec. 12, 2012) (affirming final judgment of foreclosure)
  • Arbitration: arbitration clause in shared common expense agreement between adjoining HOAs applied to dispute regarding alleged overcharges, and HOA who first filed a demand in arbitration and later filed a motion to compel arbitration in adversary’s subsequent court action to enjoin arbitration did not waive its right to arbitrate by filing a limited request for production in that action because HOA did nothing inconsistent with its right to arbitrate and, in fact, arbitration was pending when the limited discovery request was made Ibis Lakes Homeowners Assoc., Inc. v. Ibis Isle Homeowners Assoc., Inc., No. 4D12-1273 (Fla. 4th DCA Dec. 12, 2012) (affirming non-final order granting motion to compel arbitration)
  • Foreclosure: bank’s failure to file evidence of mortgage assignment or lost note affidavit until day of summary judgment hearing violated Fla. R. Civ. P. 1.510(c), which requires that all supporting evidence be served at least 20 days prior to the time fixed for the hearing Williams v. Bank of America, N.A., No 4D10-4837 (Fla. 4th DCA Dec. 12. 2012) (reversing summary final judgment of foreclosure)
  • Boundary lines: where property description in deed uses monuments rather than metes and bounds there is a rebuttable presumption in favor of finding that the boundary between properties is the centerline of the monuments referenced in the deedBischoff v. Walker, No. 5D11-2194 (Fla. 5th DCA Dec. 14, 2012) (reversing summary judgment and remanding for entry of order that boundary line of adjacent properties are centerline of canal and centerline of lake)