Roth v. Bank of America, 34 Fla. L. Wkly D2383 (Fla. 2d DCA Nov. 18, 2008)

By Brian Willis on December 2, 2009 10:21 PM | Permalink | Comments (0) | TrackBacks (0)

In another foreclosure case gone wrong, which is becoming a trend in the appellate decisions of late, the Second DCA overturns the trial court's entry of Summary Judgment where the hearing transcript "does not reflect that the trial court considred the affidavit of [a third party] that called into question the validity of the note and mortgage."

The decision does not address the trial court's order, but, presumably, the Summmary Judgment Order also did not address the affidavit.

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This page contains a single entry by Brian Willis published on December 2, 2009 10:21 PM.

ST. JOHNS INVESTMENT MANAGEMENT CO. v. DAVID T. ALBANEZE, 34 Fla. L. Weekly D2354a (1st DCA Nov. 13, 2009) was the previous entry in this blog.

Williamson v. Bradford, 34 Fla. L. Wkly D2472a (Fla. 1st DCA Nov. 30, 1990) is the next entry in this blog.

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Brian Willis is licensed to practice law in Florida. He is an attorney with Becker & Poliakoff in the firm's Tampa Bay office, which is located at 311 Park Place Blvd., Suite 250, Clearwater, FL 33759.

Jason Baruch is licensed to practice law in Florida. He is an attorney with Trenam Kemker in the firm's Tampa Bay office, which is located at 101 E. Kennedy Boulevard, Suite 2700, Tampa, FL 33602.

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Roth v. Bank of America, 34 Fla. L. Wkly D2383 (Fla. 2d DCA Nov. 18, 2008)

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