Monthly Archives: December 2011

Guarding Due Process Rights in Guardianship: Fourth DCA Holds Timely Objection to Guardianship Plan Entitles Objector to a Hearing

By Robin Bresky |

Rothman-Browning v. Marshall Case No. 4D11-2079 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order approving a guardianship plan over objection from a co-trustee. The co-trustee had filed the objection exactly thirty days after the guardianship plan was filed. The trial court approved the guardianship plan despite the co-trustee’s objection. The… Read More »

Fourth DCA Rules in Favor of Homeowner and against Major Bank

By Robin Bresky |

McLean v. JP Morgan Chase Bank Case No. 4D10-3429 Chase filed a foreclosure action against McLean alleging that, as the legal and/or equitable owner and holder of the Note and Mortgage, it had the right to enforce the loan because McLean defaulted under the note and mortgage. Chase asserted that it could not obtain… Read More »

Fourth DCA Affirms Judgment for Homeowners Association Where Enforcement of Declaration Left to Association’s Discretion

By Robin Bresky |

Heath v. Bear Island Homeowners Association, Inc. Case No. 4D10-3779 The Fourth District Court of Appeal (“DCA”) reviewed a trial court’s final judgment in favor of the defendant homeowners association (“HOA”) and the HOA’s board member. Heath, the plaintiff, had filed suit against the defendants for injunctive relief to compel them to enforce the… Read More »

Fourth DCA Settles Dispute over Collapsed Roof between J.C. Penny and Dillard’s

By Robin Bresky |

J.C. Penney Company, Inc. v. Dillard’s, Inc. Case No. 4D10-1770 JCPenney sued Dillard’s for damage to its store at the Turtle Creek Mall in Mississippi. In 2005, the roof over the Dillard’s store (which was adjacent to the JCP store) collapsed from Hurricane Katrina, severing a sprinkler main and causing uncontrolled water flow into… Read More »