Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. IX, Issue 22
Cases of interest this week include:
Johnson v. Midland Funding, LLC, Case No. 15-14116 (11th Cir. 2016).
A creditor violates the Fair Debt Collection Practices Act by filing a Proof of Claim in a debtor’s bankruptcy case when the creditor knows the debt to be time-barred.
Florida Dept. of Revenue v. American Business USA Corp., Case No. SC14-2404 (Fla. 2016).
Applying the four-part test of Complete Auto Transit, Inc. v. Brady, 430 U.S. 274, 279 (1977), the Florida Supreme Court holds that an internet business with no inventory in Florida may be taxed on its transactions (but not its items sold).
Bevilacqua v. U.S. Bank, N.A., Case No. 3D15-1684 (Fla. 3d DCA 2016).
Pursuant to Florida Statute section § 48.194(1), parties contesting service by the “central authority” under the Hague Convention must establish lack of actual notice of the proceedings or some other form of prejudice.
944 CWELT-2007 LLC v. Bank of America, N.A., Case No. 3D15-2091 (Fla. 3d DCA 2016).
A foreclosure sale may not go forward while a Rule 1.530 Motion for Rehearing remains pending and undecided.
U.S. Bank, N.A. v. Clarke, Case No. 4D14-3398 (Fla. 4th DCA 2016).
A copy of a note attached to the complaint, which note is introduced at trial in the same condition as the copy attached to the complaint, creates a situation where “the combination of such evidence is sufficient to establish that the [plaintiff] had actual possession of the note at the time the complaint was filed and, therefore, had standing to bring the foreclosure action, absent any testimony or evidence to the contrary.”