Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. IX, Issue 17
Florida Real Property and Business Law Update
The PDF of this week’s Update can be read here.
Cases of interest this week include:
In Re: Standard Jury Instructions In Civil Cases-Report No. 15-01, Case No. SC15-1275 (Fla. 2016).
The Florida Supreme Court adopts new jury instructions, including new instruction on Failure to Maintain a Record.
Rivera v. Wells Fargo Bank, N.A., — So.3d —-, 2016 WL 1579076 (Fla. 4th DCA 2016).
E-notes (electronic promissory notes without paper documentation) are enforceable.
Bowmar v. SunTrust Mortgage, Inc., — So.3d —-, 2016 WL 1600756 (Fla. 5th DCA 2016).
Judgment may not be entered in the name of a party who has assigned or sold the promissory note being foreclosed.
Deutsche Bank Nat. Trust Co. v. Alaqua Property, Case No. 5D14-4326 (Fla. 5th DCA 2016).
Promissory notes are instruments that have independent legal significance and thus are not business records that must meet the Business Records Exception.