Fourth DCA Holds that Florida Statute Commencing Limitations Period for Property Insurance Suit at Date of Loss Does Not Apply Retroactively

Fourth DCA Holds that Florida Statute Commencing Limitations Period for Property Insurance Suit at Date of Loss Does Not Apply Retroactively Donovan v. Florida Peninsular Ins. Co., 39 Fla. L. Weekly D 1421 (Fla. 4th DCA 2014) The Fourth District Court of Appeal (“DCA”) recently held in favor of a homeowner in a case that posed...

Bresky Law Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions*

Bresky Law Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions* Bresky Law represented a former homeowner in the Fourth District Court of Appeal in an appeal from a final judgment of foreclosure. Our office filed an Initial Brief on the homeowner’s behalf that raised two issues...

Saved by Sloppy Filing: Fourth DCA Reverses Summary Judgment of Foreclosure Where Bank Failed to Attach Assignment

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...