Attorney Kevin Michael Burke's Legal Cases

Litigation

UK resident without any connection to USA sued by Florida Lender in case of mistaken identity

Apr 27, 2015

OUTCOME: Dismissal of Lender's Claim - Order granring Defendant's Verified Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction, to Quash Service, and Vacate Default

UK resident instructed this firm to defend resident in foreclosure claim for over $400,000 brought against him by FL mortgage lender. Service attempted in UK on Client. Client contacted lender's atto ... rneys in effort to explain identity error. Lender said they would check this out and instead obtained a default judgment. We filed for dismissal and in support filed affidavits with records of our examination of records of previous purchases and foreclosures in Florida by person with same name, and contacting notaries who had met the borrower of the same name, and seeking identity documents and affidavits, through providing search displaying no VWP entries by client into the USA, by obtaining affidavits of client's employer and others who had met with client on the date the relevant mortgage was supposedly signed by my client in Florida.

Family

Defense against REMO claim brought in England for interest only on the Florida child support already paid

Sep 20, 2007

OUTCOME: The English court accepted my argument that as interest was not expressly provided for under REMO that it was solely in their discretion and suggested it was requested far too late and was relief which was not available to English plaintiffs.

I represented a UK resident father in the English courts who some years after having paid all due child support further to a Florida court's orders and believing himself now in full compliance, then fo ... und himself effectively sandbagged when he was sued in the UK by the Florida resident mother (after the child had by then turned 20) under the Reciprocal Enforcement of Maintenance Orders Act for the accumulation of interest that had been accruing.

Litigation

Claim under Interstate Land Sales Full Disclosure Act (ILSFDA), breach of contract, securities violations, etc.

Apr 12, 2006

OUTCOME: favourable Consent Judgment signed and settlement reached

UK resident client had bought Florida property from developer. Property was under the contract to have been built within two years of the date buyers and seller had signed the contract. Developer had ... failed to complete construction timely and had failed to timely deliver property reports as required by the ILSFDA. Claim brought in Florida for breach of contract, numerous violations of ILSFDA, securities violations for selling the property as an investment, etc.

Personal injury

UK minor suffered personal injury while on family holiday in Florida

Jan 17, 2006

OUTCOME: Florida Judgment for plaintiff minor, English court order that funds could be kept in UK (where favourable interest was available) and acceptance by Florida court of the English court order

Assisted UK resident minor and parents in personal injury claim brought in Florida. Upon a successful recovery the Florida courts wished to hold funds in Florida until minor turned 18. Little or no in ... terest available. High Court action then filed in English courts and order obtained so that the funds could be transferred to the UK.

Kevin Michael Burke's Legal Cases (4)

UK resident without any connection to USA sued by Florida Lender in case of mistaken identity

Defense against REMO claim brought in England for interest only on the Florida child support already paid

Claim under Interstate Land Sales Full Disclosure Act (ILSFDA), breach of contract, securities violations, etc.

UK minor suffered personal injury while on family holiday in Florida