Bank of New York v. Montgomery
Nov 12, 2013OUTCOME: Defense Judgment
Won foreclosure case at trial. Judgment for homeowner / defendant.
Satellite Beach, FL
Insurance Lawyer at Satellite Beach, FL
Practice Areas: Insurance, Personal Injury, Consumer Protection
OUTCOME: Defense Judgment
Won foreclosure case at trial. Judgment for homeowner / defendant.
OUTCOME: Won Foreclosure Appeal in 5th DCA
After we obtained a a dismissal for a Brevard homewoner in the trial Court, US Bank appealed the dismissal of the case to the Fifth District Court of Appeal. US Bank also appealed an attorney fee jud ... gment of over $46,000.00. We won the appeal for our homeowner client. Appellate Court affirmed trial court and awarded appellate fees and costs against US Bank. Aooellate Case 5D12-2041
OUTCOME: Foreclosure Action Dismissed
Bank of America Dismissed their own case on eve of hearing on Motion for Summary Judgment, that firm filed on behalf of homeowner
OUTCOME: Obtained dismissal of foreclosure action
Obtained dismissal of foreclosure action. Chase ordered to pay $9,950.00 in attorneys fees and costs.
OUTCOME: Motion to Dismiss Granted
Made favorable law for Florida homeowners on issue of verification requirements in foreclosure cases. Court ruled that verification cannot be made in a separate piece of paper (must be within complain ... t itself) and that officer of plaintiff must sign verification ( i.e., verification cannot be by an agent or servicer).
OUTCOME: Homeowner won trial by directed verdict
Defeated Bank of America in Foreclosure Trial. Defense Verdict.
OUTCOME: Banks Case dismissed
Obtained voluntary dismissal of foreclosure action filed against Brevard County Client. Bank of America wrote off the mortgage. Client now owns home without mortgage.
OUTCOME: Fees awarded against Carrier for Dr. Depo
Progressive Insurance Company sought to depose imaging center's radiologist without paying expert witness fees. Court determined that not only was radiologist entitled to expert witness fees but couns ... el for Plaintiff (Shuster & Saben) was entitled to attorney's fees for securing expert witness fees for the physician. Case reported at 13 Fla. Law Weekly Supp. 362a.