Case Law Updates

A few interesting cases to note:

 Gunning vs. Equestleader.com, Inc., 2D16-2214 (Fla. 2d DCA October 13, 2017): The Curt found that once the parties entered into a contract for purchase of real property, that if buyer came upon the premises then seller could not file for trespass against buyer as buyer became equitable owner as of the date the purchase/sale contract was signed.

 Wells Fargo Delaware Trust Company N.A. as Trustee v. Petrov et. al., 2D16-1536 (Fla. 2d DCA Oct. 6, 2017): The Court found that dismissal of the bank’s foreclosure case was improper as the trial court improperly found that servicer did not have authorization to prosecute the case on behalf of the lender.  The court found that servicer verifying the company and its witness testifying at trial did not amount to the servicer prosecuting the case for lender.

 Wincor v. Potash, Case No. 4D16-4351 (Fla. 4th DCA October 11, 2017): The Court upheld the long-standing principle that once can serve a tenant/occupant during an eviction/unlawful detainer case with summons via  posting on the door for possession only; any counts seeking any type of monetary judgement require personal service of the summons.

 

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