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    Florida moves quickly to preserve its status as a business-friendly state
    2011-08-02

    Sometimes state legislatures react slowly to judge-made law and sometimes they move swiftly to correct perceived problems created by court rulings. Often, such rash legislative action is not well thought-out or properly drafted, making the solution worse than the fix. However, in Florida, within one legislative session, the Florida Legislature and governor considered and enacted a set of amendments to Florida's limited liability statute that hopefully will signal the business community that Florida knows how to pass laws that make sense.

    Filed under:
    USA, Florida, Company & Commercial, Insolvency & Restructuring, Foley & Lardner LLP, Debtor, Fraud, Interest, Limited liability company, Foreclosure, Limited partnership, Dissenting opinion, Federal Trade Commission (USA), Constitutional amendment, Florida Supreme Court
    Authors:
    Mark J. Wolfson
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Fla. Supreme Court Bars Vexatious Borrower from Future Pro Se Filings
    2018-04-17

    The Supreme Court of Florida recently denied a pro se borrower’s petition to invoke the jurisdiction of the Court, and imposed sanctions against him for filing numerous meritless and inappropriate petitions for relief pertaining to trial court foreclosure proceedings to which he is a defendant.

    In so doing, the Supreme Court barred the borrower from filing any future pleadings, motions or requests for relief in the Supreme Court related to his foreclosure proceedings, unless filed in good faith by an attorney in good standing.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bank of New York Mellon, Florida Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures
    2018-02-26

    On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees after successfully defending the foreclosure on the basis that the lender lacked standing to enforce the mortgage contract?

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Burr & Forman LLP, Mortgage loan, Foreclosure, Florida Supreme Court
    Authors:
    Nicholas S. Agnello
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Fla. App. Court (4th DCA) Reverses Dismissal of Re-Filed Foreclosure Action Citing Bartram
    2017-10-19

    The District Court of Appeal of the State of Florida, Fourth District, recently reversed the dismissal of a mortgage foreclosure action based on res judicata and the statute of limitations, holding that the Florida Supreme Court’s recent ruling in Bartram v. U.S. Bank National Association and its progeny controlled.

    In so ruling, the Court confirmed that a second foreclosure action is not barred by the statute of limitations or res judicata where continuing payment defaults occurred within the five years preceding the filing of the second foreclosure action. 

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Statute of limitations, Res judicata and issue estoppel, Mortgage loan, Foreclosure, Florida Supreme Court
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Florida Supreme Court rules debtor may not use single-member LLC to shield assets from judgment creditor
    2010-06-28

    In a much anticipated decision, the Florida Supreme Court closed a statutory loophole that permitted debtors to use a wholly owned limited liability company (LLC) to put their assets beyond the reach of their judgment creditors. In Olmstead v. FTC, Case No. SC08-1009 (Fla. June 24, 2010), the Florida Supreme Court ruled that a court may order a judgment debtor to surrender all right, title, and interest in the debtor's single-member Florida limited liability company to satisfy an outstanding judgment.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Debtor, Interest, Limited liability company, Debt, Commercial law, Exclusive jurisdiction, Federal Trade Commission (USA), Supreme Court of the United States, Florida Supreme Court
    Authors:
    Stephen A. (Steve) Crane , Gardner F. Davis , Mary F. Kendrick , William J. McKenna
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Creditor remedies against members of LLCs
    2010-07-22

    LLC members and other persons dealing with LLCs will be interested in a recent Florida Supreme Court case that was decided on June 24, 2010. The court’s decision in Olmstead v. FTC appears to eliminate part of the asset protection feature of single-member LLCs and calls into question the remedies available to creditors of members in multiple-member LLCs.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Credit card, Shareholder, Debtor, Interest, Limited liability company, Debt, Foreclosure, Asset protection, Federal Trade Commission (USA), Eleventh Circuit, Florida Supreme Court
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Application of the judicial estoppel doctrine in Florida, Georgia, and Federal Courts
    2013-12-02

    Florida’s Use of Judicial Estoppel

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Carlton Fields, Estoppel, Florida Supreme Court
    Authors:
    Jennifer M. McPheeters , Sylvia H. Walbolt
    Location:
    USA
    Firm:
    Carlton Fields
    Bankruptcy court refuses to enforce a restrictive real estate covenant due to unprecedented economic distress
    2009-01-30

    Introduction

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Real Estate, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Interest, Covenant (law), Liability (financial accounting), United States bankruptcy court, Florida Supreme Court , US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Fla. Supreme Court Bars Vexatious Borrower from Future Pro Se Filings
    2018-04-17

    The Supreme Court of Florida recently denied a pro se borrower’s petition to invoke the jurisdiction of the Court, and imposed sanctions against him for filing numerous meritless and inappropriate petitions for relief pertaining to trial court foreclosure proceedings to which he is a defendant.

    In so doing, the Supreme Court barred the borrower from filing any future pleadings, motions or requests for relief in the Supreme Court related to his foreclosure proceedings, unless filed in good faith by an attorney in good standing.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bank of New York Mellon, Florida Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Fla. App. Court (4th DCA) Reverses Dismissal of Re-Filed Foreclosure Action Citing Bartram
    2017-10-19

    The District Court of Appeal of the State of Florida, Fourth District, recently reversed the dismissal of a mortgage foreclosure action based on res judicata and the statute of limitations, holding that the Florida Supreme Court’s recent ruling in Bartram v. U.S. Bank National Association and its progeny controlled.

    In so ruling, the Court confirmed that a second foreclosure action is not barred by the statute of limitations or res judicata where continuing payment defaults occurred within the five years preceding the filing of the second foreclosure action. 

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Statute of limitations, Res judicata and issue estoppel, Mortgage loan, Foreclosure, Florida Supreme Court
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
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