The U.S. Court of Appeals for the District of Columbia has found unconstitutional the structure of the Consumer Financial Protection Bureau (“CFPB”), the Bureau proposed by Elizabeth Warren to ward against abuses by financial institutions. The ruling challenges the construct that a congressionally-established independent agency may be headed by a single director who may only be removed for […]
Hurricanes can affect property rights, particularly along the coastline. If property is changed suddenly, Florida law treats rights of coastal, upland land owners differently with regard to the addition or subtraction of property. The difference comes down to timing and terminology. A “gradual and imperceptible” change may trigger possessory interests. While there is a right to possess […]
In Helfrich v. City of Jacksonville, 1D15-1095 (Fla. 1st DCA Oct. 4, 2016) the court withdrew its initial opinion and substituted an opinion which discusses the types of issues that are ripe for a party to seek declaratory relief. Appellant, a former employee of the City of Jacksonville, sought an interpretation of the term “contributions” […]
In Ocwen Loan Servicing, LLC v. Gundersen, 2016 Fla. App. LEXIS 14533 (Fla. 4th DCA Sept. 28, 2016), Florida’s Fourth District Court of Appeal clarified the standards by which an employee of a business entity may testify regarding that company’s business records. The law in Florida provides that “hearsay,” which is an out of court […]
The Office of the Attorney General, Department of Legal Affairs, State of Florida, has filed an enforcement action against a number of individuals and entities, alleging that they engaged in a common, deceptive enterprise. The goal of the alleged enterprise was to receive upfront and monthly payments from borrowers, for the representation of such borrowers […]
On August 24, 2016, the Fourth District Court of Appeal announced a troubling decision regarding Florida’s lis pendens statute. The case, Ober v. Town of Lauderdale-By-The-Sea, 4D14-4597 (Fla. 4th DCA Aug. 24, 2016), “involves the application” of the statute “to liens placed on property between a final judgment of foreclosure and the judicial sale.” Remarkably, […]
In Mammon v. SCI Funeral Services of Florida, Inc., 2016 Fla. App. LEXIS 7967 (Fla. 4th DCA May 25, 2016), the court reaffirmed Florida’s interpretation of the ecclesiastical abstention doctrine, a defensive doctrine which has only been an issue in a handful of appellate cases in the entire history of the State of Florida. Plaintiff, a widow, had […]
Many contracts contain arbitration clauses. These clauses require the parties to submit to binding arbitration, rather than having their day in court. Typically, larger companies push for arbitration clauses. Part of the reason for a larger company to prefer an agreement to arbitrate is that such a clause may effectively waive an adverse party’s right […]
On May 18, 2016, the Fourth District Court of Appeal agreed with Van Ness Law Firm, PLC and its client and reversed a final judgment entered in favor of a borrower. In Bank of Am., N.A. v. Fogel, ____ So. 3d ____; 2016 Fla. App. LEXIS 7648 (Fla. 4th DCA May 8, 2016), plaintiff had […]
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