Florida Supreme Court Reverses Fourth DCA on No Standing No Fees – Burr & Forman

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Florida’s 5th DCA reversed the trial court, and held that the order determining homestead did not terminate the life estate provided for in the decedent’s will. The appellate court noted that the homestead order did not create new rights, but only explained or clarified the rights that already existed by operation of law.

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In the Supreme Court of Florida Case No. SC08-1360 Lower Court Case No. 4D07-1490 HAROLD GOLDBERG and ARLENE GOLDBERG, Petitioners, v. MERRILL LYNCH CREDIT CORPORATION, Respondent. Consolidated with Lower Court Case No. 4D07-2436 AMY SUE FORMAN, Petitioner, v. WORLD SAVINGS BANK, FSB, Respondent. ON DISCRETIONARY REVIEW FROM THE FOURTH DISTRICT.

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Because ARR failed to prove that it would incur irreparable harm with no adequate remedy on appeal, the court erred in granting the temporary injunction. We therefore reverse and direct the trial court to dissolve the injunction. Reversed and remanded with directions. FOOTNOTES. 1. The emergency motion was denied by a different judge. PER CURIAM.

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In the case of Nationstar Mortgage LLC v. Glass, the Florida Supreme Court judge recently issued a ruling withdrawing its January 4, 2019 opinion. The Fourth District Court of Appeal originally held that the borrower who prevails on standing by arguing the lender is not a proper party to foreclose the note and mortgage, cannot [.]

Id. at 899. The bank argues that because this court reversed the final judgment in the first appeal based on the homeowners’ argument that the bank lacked standing, the trial court could not award fees based on a provision of the mortgage contract which the bank had no right to enforce. This, the bank argues, has become the "law of the case."

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Nicholas S. Agnello of Burr & Forman LLP, Fort Lauderdale, for. Borrowers could not now seek fees under the mortgage. The court rejected both of the Bank’s arguments and ruled that Borrowers. Glass, 219 So. 3d 896, 899 (Fla. 4th DCA 2017), review granted, No. SC17-1387, 2018 WL 2069328.