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Results:1-10 of 142

Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
  • Maurice Wutscher LLP
  • USA
  • October 25 2018

The Supreme Court of Florida recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert


Fla. Supreme Court Resolves Conflict on Deadline to Claim Foreclosure Surplus Funds
  • Maurice Wutscher LLP
  • USA
  • September 24 2018

In a dispute over surplus funds from a judicial foreclosure property sale, the Florida Supreme Court recently held that a subordinate lienholder’s


Fla. Supreme Court Holds Lenders May Pursue Separate Deficiency Action After Foreclosure
  • Maurice Wutscher LLP
  • USA
  • July 14 2018

The Florida Supreme Court recently resolved a conflict among the state appellate courts. At issue in the case was whether section 702.06, Florida


Fla. App. Court (5th DCA) Holds Mortgagee Without Standing Must Pay Prevailing Borrower’s Fees
  • Maurice Wutscher LLP
  • USA
  • May 31 2018

The District Court of Appeal for the Fifth District of Florida recently denied a motion to reconsider an order awarding appellate attorney’s fees to


Fla. App. Court (2nd DCA) Holds HELOC Instrument Not Self-Authenticating Article 3 Note
  • Maurice Wutscher LLP
  • USA
  • May 28 2018

The District Court of Appeal for the Second District of Florida recently affirmed an order involuntarily dismissing an action to foreclose a second


Fla. App. Court (4th DCA) Holds RIC Not Subject to State Usury Law
  • Maurice Wutscher LLP
  • USA
  • May 9 2018

The District Court of Appeal of the State of Florida, Fourth District recently affirmed entry of summary judgment in favor of a motor vehicle retail


Fla. Supreme Court Bars Vexatious Borrower from Future Pro Se Filings
  • Maurice Wutscher LLP
  • USA
  • April 17 2018

The Supreme Court of Florida recently denied a pro se borrower’s petition to invoke the jurisdiction of the Court, and imposed sanctions against him


Fla. App. Court (4th DCA) Holds Trial Court Improperly Applied Federal Judicial Estoppel Rule to Undisclosed Assets in Bankruptcy
  • Maurice Wutscher LLP
  • USA
  • January 16 2018

The District Court of Appeal of the State of Florida, Fourth District, recently reversed a trial court's order denying two borrowers' request for


Fla. App. Court (3rd DCA) Reverses Dismissal of Foreclosure on ‘Prior Servicer’s Records’ Issue
  • Maurice Wutscher LLP
  • USA
  • December 14 2017

Following rulings from other appellate courts in other appellate districts, Florida's Third District Court of Appeal recently reversed a trial court's


Fla. App. Court (5th DCA) Reverses Foreclosure Due to Lack of Evidence of Effect of Merger of Original Plaintiff
  • Maurice Wutscher LLP
  • USA
  • December 4 2017

The Florida District Court of Appeal, Fifth District recently reversed a final foreclosure judgment in favor of a mortgagee, holding that the