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Case law

Fourth District shows standard for striking affirmative defenses in Civil Litigation Cases!

November 16, 2016

Civil Litigation

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…

Florida Foreclosure Defense — 1st DCA rules that Agent can certify note possession

November 15, 2016

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…

Federal Court Determines that HOA assessments are consumer debts.

November 15, 2016

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,…

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