Monthly Archives: April 2016


Fourth DCA Clarifies Standards for E-Notes in Foreclosure Cases and Reminds Appellants of the Need to Preserve Arguments

By Robin Bresky |

Rivera v. Wells Fargo Bank, N.A., et al., Case No. 4D14-2273 (Fla. 4th DCA, April 20, 2016)* In a recent foreclosure case that was based on an electronic promissory note (“e-note”), the borrowers raised four arguments in their appeal to Florida’s Fourth District Court of Appeal (“Fourth DCA”). The Fourth DCA decided that two… Read More »


Appellate Jurisdiction & Scope of Review

By Robin Bresky |

Rental Car

Florida Supreme Court Agrees that Rental-Car Drivers Must Be Treated Equally After Red-Light Camera Violations

By Robin Bresky |

City of Fort Lauderdale v. Dhar, 41 Fla. L. Weekly S 61 (Fla. 2016) On February 25, 2016, the Florida Supreme Court decided that section 316.0083, Florida Statutes (2012) was unconstitutional as applied to short-term vehicle renters because there was no rational basis to justify treating short-term renters differently than registered owners and registered… Read More »


Third DCA Decides that Attorney’s Appearance Long After Court’s Order Did Not Waive Service of Process in Proceeding to Modify Timesharing and Support

By Robin Bresky |

Salinas v. Pascariello, Case No. 3D15-594 (Fla. 3d DCA, March 30, 2016)* Under Florida law, valid service of process is a prerequisite to the exercise of personal jurisdiction over a defendant. The Florida Rules of Civil Procedure governing service of process require that a copy of the initial pleading be delivered to the party… Read More »