Plantation, FL
Debt collection Lawyer at Plantation, FL
Practice Areas: Debt Collection, Litigation, Appeals
OUTCOME: reversed in part
The trial court denied proceedings supplementary to execution and impleader of third parties. On appeal the Fourth District Court stated: "We reverse the trial court’s denial of proceedings supplementa ... ry, but affirm the trial court’s refusal to issue Notices to Appear to the impleader defendants. Our affirmance on the impleader issue is without prejudice"
OUTCOME: reversed
137 So.3d 497 (Fla. 4th DCA 2014) Consolidated appeal from 3 cases that dismissed deficiency claims. The District Court held that the trial court's ruling ignored the legal presumption that a property' ... s foreclosure sale price equals its fair market value; that the trial court did not properly apply the burden-shifting framework of Florida law on deficiency judgments; and, that the trial court abused its discretion in denying the claims for deficiency without any valid legal or equitable reasons for doing so.
OUTCOME: reversed
902 So.2d 309 (Fla. 4th DCA 2005) represented New York State in domestication of foreign judgment and filed an appeal on behalf of New York State upon the trial court dismissing the action with prejudi ... ce; appellate opinion reversed and clarified that a foreign judgment may be recorded in any county and the enforcement may proceed in that county; established that the process is filed in circuit court and that the judgment debtor must initiate a separate action to contest the validity of the foreign judgment; provided that mailing to the debtors' address is sufficient notice of the recording.
OUTCOME: reversed
902 So.2d 864 (Fla. 4th DCA 2005) represented New York State in domestication of foreign judgment and filed an appeal on behalf of New York State upon the trial court granting summary judgment in favor ... of the judgment debtor; appellate opinion reversed and clarified that a judgment recorded under the Florida Enforcement of Foreign Judgments Act is treated as a Florida judgment and may be recorded at any time, as long as it is valid in the state of issuance.
OUTCOME: reversed
900 So.2d 734 (Fla. 4th DCA 2005) represented Biloxi Casino Corp. as a judgment creditor in proceedings supplementary to execution and filed an appeal upon the trial court denying the motion for procee ... dings supplementary; appellate opinion reversed and clarified that the trial court does not have discretion to deny proceedings supplementary once an affidavit of an outstanding judgment lien certificate has been filed.
OUTCOME: reversed
928 So.2d 1249 (Fla. 3d DCA 2006), represented Epicore Software Corp. and obtained a final judgment in their favor which was vacated by trial court, appealed for Epicore, the Third District reversed ho ... lding that the failure to file the motion to vacate within one year after entry of final judgment divested the trial court of jurisdiction to consider it.
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