Duke v. HSBC Mortgage Services, LLC,
Case No. 4D09-5183
The Fourth District Court of Appeal (“DCA”) reviewed a trial court order granting summary judgment of foreclosure against the homeowners, who were husband and wife. At the time HSBC filed its complaint in the trial court, it attached a mortgage showing the Dukes as the borrowers and...
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Fourth DCA Reverses and Remands Probate Court’s Distribution of Trust
Darian v. Weymouth
Case No. 4D10-550
Andrew Darian, personal representative of the estate of his father, James E. Hughes, and trustee of the James E. Hughes Living Trust, appeals a final summary judgment entered in favor of Elizabeth Ann Weymouth, personal representative of the estate of her mother, Martha Mayfield Hughes where the probate court awarded...
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Can I Put Twenty Bucks On It?: Fourth DCA Answers “No” Regarding Substantial Child Support Arrearage
Hernandez v. Frontiero
Case No. 4D10-4122
The Fourth District Court of Appeal (“DCA”) reviewed a trial court order finding a father in contempt for failure to pay child support. The order also allowed the father to pay only $20 per month towards his total child support arrearage of $18,499.75. The Fourth DCA noted that pursuant to...
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Fourth DCA Reverses and Remands Trial Court’s Directed Verdict Against Plaintiff
Westervelt v. Thyssenkrupp Elevator Corporation and Toscana North Condominium Association, Inc.
Case No. 4D08-3037
Westervelt worked as a concierge at a Toscana condominium building. Westervelt was injured as a result of riding in a condominium elevator, which suddenly stopped while traveling from an upper floor to the lobby. Toscana had hired Thyssenkrupp to maintain and repair...
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