Category: Litigation

You Didn’t Get Served – Mattress One v. Sunshop Properties

You Didn’t Get Served – Mattress One v. Sunshop Properties

I'm sure you all remember the 2004 smash hit and box office success, You Got Served. The film's depth of plot is rivaled only by its extravagant choreography and magnificent soundtrack. Aside from its Oscar-worthy qualities, this film will stand, for eternity, as a cautionary tale of why one should never work for a drug lord that goes by the...Read More

Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale

Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale

A September, 2018 opinion from Florida's Third District Court of Appeals provides guidance on what is not a "lawful, cognizable basis" for cancelling, rescheduling, or continuing a judicial foreclosure sale date, in the absence of an agreement from the plaintiff (lender). In the case below, thirteen days before a foreclosure sale[note]This was the second foreclosure sale to be scheduled, with...Read More

No contract, no fees, no, really

We're all familiar with the notion that one can't have something both ways, a notion that has been idiomized in a number of ways over the years: "What's good for the goose is good for the gander." "You can't have your cake and eat it, too." "What goes around, comes around." "Because the homeowner prevailed on an argument that the...Read More