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...
Continue reading…
Florida Supreme Court Agrees that Rental-Car Drivers Must Be Treated Equally After Red-Light Camera Violations
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 long-time...
Continue reading…
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
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 upon...
Continue reading…