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Fourth District Court of Appeal Affirms the Denial of Motion for Fees when Cases was Involuntary Dismissed for Lack of Standing.
On June 5, 2019, the Fourth District Court of Appeal in Fassy v. The Bank of New York Mellon, Case No. 4D18-1548, 44 Fla. L. Weekly D1425a (Fla. 4th DCA June 5, 2019) affirmed the denial of the motion for attorney fees, but reversed the denial of the motion for costs. At the trial court level, the case proceed to a nonjury trial, after the Bank presented its evidence, the Borrower moved for involuntary dismissal, arguing lack of standing at the time suit was filed. The trial court entered an order granting the involuntary dismissal, in which the Borrower then moved to tax costs and fees. The trial court entered an order denying both the motion for fees and motion for costs. The Fourth District Court of Appeal affirmed the denial of the fee motion without discussion.
The Fourth District Court of Appeal reversed the order denying the motion for costs pursuant to Fla. R. Civ. Pro. 1.420(d) as it clearly provides that costs should be awarded to the party.
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“ENTIRE LOAN HISTORY IS NOT REQUIRED IN ORDER TO FORECLOSE ON A MORTGAGE AND HOW MUCH OF THE PAYMENT HISTORY IS REQUIRED TO BE ENTERED INTO EVIDENCE GENERALLY WILL DEPEND ON THE DAMAGES SOUGHT.”
On June 5, 2019, the Fourth District Court of Appeal in Deutsche Bank Trust Company v. JB Investment Realty, LLC, Case No. 4D18-3240, 44 Fla. L. Weekly D1426a, (Fla. 4th DCA June 5, 2019) held that the trial court erred in granting an involuntary dismissal requiring the entire payment history from the beginning to be in evidence before the bank could proceed with the foreclosure action and reversed and remanded for a new trial.
MONDAY, JUNE 3, 2019 | ATLANTA, GA
Today, Padgett Law Group (PLG) is pleased to announce that Ohio-based default services law firm Laurito & Laurito, PLLC has transitioned into the PLG family. Effective June 1, Laurito & Laurito became PLG’s Ohio operation. As part of the transition, PLG will maintain the physical office location in Dayton, OH. The firm also operates in Florida, where PLG originated in 1993; Georgia; Tennessee; Arkansas; and, Texas. Additionally, the firm offers a robust national bankruptcy practice.
“Nearly 20 years ago, I joined a business my father had built on integrity, reliability, and quality. For 41 years, we have prided ourselves on our reputation and industry focus. The opportunity to become part of the PLG family perfectly continues those values while providing our clients with what is right for their businesses. I could not be more proud and excited for the firm to be part of PLG’s growth and expansion,” said Erin M. Laurito, Esq., Managing Partner of Laurito & Laurito.
“Our growth strategy has always included a mix of organic expansion and deals with other firms who share our values, operate with a people-first mentality, and offer synergies across our client and service footprints. Erin, her father, and their entire team exemplify those values, and we’re excited to welcome them into PLG,” said Robyn Padgett, Chief Development Officer for PLG.
Timothy D. Padgett, Esq., CEO and Managing Partner, added, “Ohio presents a unique opportunity for PLG and our clients as we look to create better synergies, lower costs, and improve our efficiencies firm-wide as we grow our capabilities to maintain our boutique focus with a larger footprint.”
An updated firm contact matrix has already been distributed directly to clients. For escalation issues, clients can be routed to the appropriate party by contacting PLG’s general line at (850) 422-2520. To learn more about PLG’s Ohio practice and expanded legal services across the firm’s now six-state footprint, visit PadgettLawGroup.com/Ohio for state-specific details.
About Padgett Law Group
Padgett Law Group (PLG) is an elite, full-service creditors rights’ law firm with practices in Florida, Georgia,Tennessee, Arkansas, Texas, and Ohio. PLG offers exclusive representation to institutional clients such as lenders, mortgage servicers, credit unions, banks, hedge funds, investors, and other financial services industry stakeholders. Leveraging technology in its partnerships with forward-thinking clients, gives PLG the ability to focus on the aggressive management and processing of delinquent or under-performing loans, providing clients with an edge when curing or resolving complex legal matters. Learn more about the firm online at PadgettLawGroup.com.
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