Tag Archives: summary judgement

Take Notice: Fourth DCA Reverses Summary Judgment of Foreclosure Where Homeowner Claimed Bank Failed to Provide Notice

By Robin Bresky |

Finnegan v. Deutsche Bank National Trust Co., 4D11-939 Deutsche Bank filed a mortgage foreclosure action alleging that Finnegan had failed to make payments on the promissory note. Deutsche Bank claimed that all conditions precedent to acceleration of the note, and the foreclosure action, had occurred. The mortgage document specified as a condition precedent that… Read More »

Trial Attorneys Take Note – 57.105 Motion Overturned and Express Malice for Defamation Expanded

By Robin Bresky |

The issue was whether the trial court abused its discretion in ordering our client and our client’s attorney to pay 57.105 attorney’s fees in a defamation action. Our client sued the opposing party for defamation after being forced out of business by the opposing party’s outrageous allegation that our client, a jeweler, replaced diamonds… Read More »