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Frequently, when defending Civil Litigation cases in Florida, the Plaintiff will try to strike our affirmative defenses, claiming that we have not sufficiently proven the requisite facts. The Fourth District today explained that to survive a motion to strike, an affirmative defense must merely be “legally sufficient on its face . . . [and present] … [Read more…]
Yesterday Florida’s First DCA ruled that an attorney can certify possession of a promissory note under the Certification Chapter because, in essence, the attorney acts as the agent of the principal. The ruling — which can be read here https://edca.1dca.org/DCADocs/2016/0831/160831_DC13_11142016_092707_i.pdf — did suggest that the attorney had to review the note prior to filing the … [Read more…]
The Eleventh Circuit Court of Appeals last week faced the question of whether an obligation to pay an HOA assessment created a debt under the Federal Consumer Collection Practice Act, and they held that it does. HOA attorneys are encouraged to read Agrelo v. Affinity Management Services, LLC very carefully, especially those whose practice includes … [Read more…]