Tag Archives: Material Fact

U.S. Court of Appeals Reverses Summary Judgment Where Disputed Issue of Material Fact Exists – Win in Federal Appellate Court

By Robin Bresky |

VOIS, Inc. v. Michael Spindel and Edward Spindel, Case No. 10-15668-D We represented a corporation that had gone through multiple changes of ownership since issuing promissory notes to two of its investors and former directors, the Spindels. The corporation sued the Spindels for corporate wrongdoing, and the Spindels countersued claiming they were never paid… Read More »

Factual Differences in the Complaint and Cure Letters in a Foreclosure Proceeding Preclude Summary Judgment

By Robin Bresky |

Valencia v. Deutsche Bank National Trust Company, 4D09-3297 June 22, 2011 The Fourth District addressed an appeal of an order granting summary final judgment in favor if the lender in a foreclosure proceeding.  The complaint had alleged December 1, 2003 as the date of the borrower’s default. The mortgage required that the lenders provide… Read More »