Florida Liens Law
 

NATIONSTAR MORTGAGE LLC v. LUCIMEIRE DESOUZA a/k/a Lucimere E. DeSouza, et al.

Tallahassee, Florida - Real Estate lawyer represented Appellees with a routine residential property foreclosure .



The order on appeal granted attorneys’ fees to a Mr.
Fernandes, who was not a mortgagor, but purported to hold a
quitclaim deed to the foreclosed property. The quitc... More...
   $0 (07-06-2022 - FL)

SANDRA EPPERSON RICH vs JOHN D. RICH, ET AL

Lakeland, FL - Divorce lawyer represented defendant appealing final judgment of dissolution of her marriage.



The parties have two children, and their marriage was of
moderate duration—lasting equally as long as the litigation in this
case. Both parties are well-educated attorneys—the Fo... More...
   $0 (01-29-2022 - FL)

United States of America v. Dennis J. Nagle





Orlando, FL - The United States of America charged Dennis J. Nagle, age 67, with corrupt or forcible interference with the IRS.

According to evidence presented at trial, since 1999, Dennis J. Nagle, 67, refused to volu... More...
   $0 (07-30-2020 - FL)

J.V. AIR MAINTENANCE, INC., etc., vs WESTWIND LEASING, CORP.

Call Kent Morlan at 888-354-4529 if you need a lawyer ⚖




Third District Court of Appeal State of Florida




J.V. A... More...
   $0 (09-27-2019 - FL)

United States of America v. Askins & Miller Orthopedics, P.A., Roland V. Askins, III and Philip H. Askins




The IRS says it needs a preliminary injunction against Askins & Miller Orthopaedics�a serial employment-tax delinquent�to ensure that it gets its due as taxes continue to pile up. It could just wait for nonpayment and later seek a Case... More...
   $0 (05-23-2019 - FL)

Johnnie Teresa Marchisio v. Carrington Mortgage Services, LLC





This is the second federal action filed by Plaintiffs Johnnie Teresa Marchisio and Adrian Marchisio against Defendant Carrington Mortgage Services, LLC. Defendant�s repeated failures to accurately report the status of Plaintiffs� mortgage loans prompted both actions. Sp... More...
   $0 (03-30-2019 - FL)

United States of America v. Darryl Sharpton




Miami, FL - Miami CPA Sentenced to Prison for Tax Evasion

A Miami, Florida, certified public accountant (CPA) was sentenced to 39 months in prison for tax evasion.

�Tax professionals, such as Darryl Sharpton, who use their expertise to commit tax fraud and ... More...
   $0 (03-07-2019 - FL)

FRITZ GERALD PIERRE vs STATE OF FLORIDA





At the plea hearing, appellant entered a no-contest plea. Consequently, the trial court adjudicated him guilty, sentenced him to time served, and announced a �mandatory� $200 public de... More...
   $0 (02-16-2019 - FL)

United States of America v. Dante Starks, et al.




MoreLaw Helps Lawyers Make Money


Miami, FL - Seventh Individual Sentenced to 5 Years in Prison for Role in Opa Locka Municipal Corruption Investigation<... More...
   $0 (11-14-2018 - FL)

Cecil Daughtrey Jr. and Patricia A. Daughtrey v. Luis E. Rivera, II

Middle District of Florida Federal Courthouse - Tampa, Florida

In this case, Cecil and Patricia Daughtrey filed a Chapter 7 bankruptcy petition for the sole purpose of preventing the sale of their property in a public auction to be held pursuant to a state court judgment that foreclosed the mortgage on the property. After the public auction was automatically stayed under 11 U.S.C. � 362(a), the trustee of the bankruptcy estate and the judgment creditor, 72 Pa... More...    $0 (07-31-2018 - FL)

DOMINO�S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

United States of America v. Luis Santiago

Miami, FL - Former Opa Locka City Commissioner Pleads Guilty To Participating In Corruption Scheme

Former City of Opa Locka Commissioner Luis Santiago pled guiltyfor his participation in a two-year long bribery and extortion under color of official right conspiracy, in violation of Title 18, United States Code, Sections 371, 666(a)(1)(B), and 1951(a).

�... in open court, a forme... More...
   $0 (01-10-2017 - FL)

Vanguard Car Rental USA, LLC vs. Lawrence Suttles, Jr.

In 1991, National Car Rental advised law enforcement that Lawrence
Suttles, Jr. had failed to timely return a rental car. Two years later, National filed
1 Section 768.79, of the Florida Statutes (2014), as pertinent here, provides:
(2) . . . An offer must:
. . . .
(b) Name the party making it and the party to whom it is being made.
2 Florida Rule of Civil Procedure 1.4... More...
   $0 (05-02-2016 - FL)

CK Regalia, LLC, etc., et al. v. John Thornton and Do Campo & Thornton, P.A.

CK Regalia, LLC, Abraham Cohen and La Mansion, LLC (collectively “the
Former Clients”) appeal an order dismissing their complaint against John Thornton
and Do Campo & Thornton, P.A. (collectively “Do Campo & Thornton”) with
prejudice. For the reasons that follow, we affirm.
FACTS AND BACKGROUND
Do Campo & Thornton entered into three separate contingency fee
agreemen... More...
   $0 (03-11-2015 - FL)

Scott P. Russell v. Southeast Housing, LLC

Scott P. Russell, as Property Appraiser of Monroe County, Florida, appeals a
judgment holding that certain properties were not subject to ad valorem taxes for
the years 2008 through 2013. The properties are five military housing complexes
serving the Naval Air Station at Key West. The housing complexes are being
improved and operated pursuant to a public-private partnership between... More...
   $0 (03-11-2015 - FL)

Martin Wiesenthal v. Yvonne L. Wiesenthal

In this consolidated appeal, the former husband challenges an order denying his petition for modification of alimony and child support (4D11-3501); an order finding him in contempt for failing to pay alimony and child support (4D11-4400); and the money judgment entered following his failure to pay the attorney’s fees awarded to the former wife in the order denying modification (4D12-3515). Havin... More...    $0 (01-07-2015 - FL)

Robert Curtis and Darlene Curtis v. Tower Hill Prime Insurance Co.

Robert and Darlene Curtis sued Tower Hill Prime Insurance Co. in a
dispute over a sinkhole insurance claim. They appeal a final summary judgment in
favor of Tower Hill. We reverse and remand for further proceedings.
- 2 -
The Curtises owned a home that was insured under a policy issued by
Tower Hill.1 During the policy term, the Curtises made a claim for damage under the
po... More...
   $0 (01-14-2015 - FL)

Johnny Thompson v. Estate of Kendrick Kevin Maurice

This appeal arises from the trial court’s orders granting the defendants’ motion to enforce a pre-suit settlement and motion for summary judgment in a wrongful death action. The issue is whether the evidence demonstrated that the parties reached a binding settlement agreement before appellant filed suit. Because the evidence failed to support a finding that there was a meeting of the minds bet... More...    $0 (11-12-2014 - FL)

Nora Friscia v. Thomas Friscia and Nicholas Friscia

Nora Friscia, as personal representative of the Estate of Vincent J. Friscia (the Decedent), seeks review of an order which determines that the Decedent's interest in his former marital home is entitled to the homestead exemption under article X,
- 2 -
section 4 of the Florida Constitution. At the time of his death, the Decedent was divorced from his first wife, Robin Friscia (the Former W... More...
   $0 (08-27-2014 - FL)

A to Z Properties, Inc. v. Fariway Palms II Condominium Assoc., Inc.

A to Z Properties, Inc., appeals a circuit court order finding it liable to Fairway Palms II Condominium Association (“Association”) for $16,291.61 in unpaid assessments on a condominium unit that appellant acquired by a tax deed. Because the unpaid assessments did not survive the issuance of the tax deed, we reverse.

In October 2010, appellant purchased a condominium unit for $21,100 a... More...
   $0 (03-19-2014 - FL)

Henry T. Courtney v. Joan Hall-Edwards

We quash the decision of the court below denying any fee award to a discharged attorney who sought to enforce a charging lien for $114,250 in fees— an amount stipulated as reasonable—following a settlement post-dating a $19,000,000 jury award. This order, while acknowledging that the petitioner/lawyer is “a fine lawyer” who conducted the initial investigation in this case and conducted “... More...    $0 (03-12-2014 - FL)

Global Xtreme, Inc. v. Advanced Aircraft Center, Inc.

Global Xtreme, Inc. (“Global”) appeals from an order awarding attorney’s fees to Advanced Aircraft Center, Inc. (“Advanced”) pursuant to sections 57.105 and 713.29, Florida Statutes (2010). For the following reasons, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

Global entered into an oral contract with Advanced, the operator of an aircraft storage and repair center, to rep... More...
   $0 (09-25-2013 - FL)

Ocean Bank v. Caribbean Towners Condominium Association, Inc.

In these consolidated cases, Ocean Bank appeals orders that denied its requests for attorney’s fees against Caribbean Towers Condominium Association.

The Bank claims attorney’s fees as the prevailing party in disputes over unpaid assessments. The Association responds that the trial courts lacked subject matter jurisdiction to grant attorney’s fees. In the alternative, the Associatio... More...
   $0 (08-14-2013 - FL)

Daniel LaSalla v. Pools by George of Pinellas County, Inc.

Daniel LaSalla has filed a petition seeking the issuance of a common law writ of certiorari to quash the circuit court's order denying certiorari relief. The circuit court reviewed an order entered by a county court. Thus, this is a second-tier certiorari proceeding. We deny the petition and write primarily to explain that, for purposes of the concept of subject matter jurisdiction, a county court... More...    $0 (06-28-2013 - FL)

Marc Baker v. Baptist Hospital, Inc.

Appellant/Cross-Appellee, Marc Baker, represents a class of individuals who had hospital liens asserted against them in Escambia County by Appellee/Cross-Appellant, Baptist Hospital, Inc. (Baptist), pursuant to chapter 30733, Laws of Florida (1955), on or after October 21, 2006, for medical care

2

which they received at certain hospitals located in Santa Rosa County, and such lie... More...
   $0 (07-05-2013 - FL)

City of Palm Bay v. Wells Fargo Bank, N.A.

In this case we consider whether a municipal ordinance may validly establish superpriority status for municipal code enforcement liens. In City of Palm Bay v. Wells Fargo Bank, N.A., 57 So. 3d 226 (Fla. 5th DCA 2011), the Fifth District Court of Appeal concluded that such an ordinance superpriority provision is invalid because it conflicts with a state statute and that the City’s lien accordingl... More...    $0 (05-16-2013 - FL)

Earth Trades, Inc. v. T&G Corporation

In this case we consider the defense to a breach of contract claim that the parties were in pari delicto—equal wrongdoers. We have for review Earth Trades, Inc. v. T&G Corp., 42 So. 3d 929, 930 (Fla. 5th DCA 2010), in which the Fifth District Court of Appeal held that section 489.128, Florida Statutes (2005), which governs construction contracting, precluded an unlicensed contractor from employi... More...    $0 (01-24-2013 - FL)

Richard O. Wolfe, II v. Culpepper Constructors, Inc.

This appeal and cross-appeal arise from a contract dispute following the construction of a large addition to and remodeling of a historic residence owned by appellants/cross-appellees, Richard O. Wolfe, II, and his wife, H. Michelle Wolfe. The appellee/cross-appellant, Culpepper Constructors, Inc. (Culpepper), was the general contractor on the project. We affirm in part and reverse in part. We rev... More...    $0 (12-09-2012 - FL)

City of Boynton Beach v. Frank Janots

The City of Boynton Beach (the “City”) appeals the trial court’s denial of its motion to use proceeds from a taking to satisfy an outstanding code enforcement lien. We reverse.

The facts below are undisputed. Theodore Ryan owned two parcels of property within the City’s jurisdictional limits. One was his homestead property (“Parcel 1”), and one was a vacant lot (“Parcel 2”).... More...
   $0 (10-10-2012 - FL)

Kenneth A. Berdick v. Gabe Costilla

Appellants Kostas, Inc., and Kenneth Berdick appeal a final judgment dismissing with prejudice their complaint against Gabe Costilla. We reverse and remand for further proceedings.

The complaint filed by appellants alleges that Gabe Costilla is the owner and landlord of commercial property he leased to Maria Longo through her power of attorney, Constantine Angeles. Longo leased the property... More...
   $0 (09-14-2012 - FL)

Ramon Castellanos v. Citizens Property Insurance Corporation

The appellants, former unit owners at Ocean Beach Resort Condominium (“Condo”), seek to reverse the trial court’s order involuntarily dismissing, with prejudice, their claims against Citizens Property Insurance Corporation (“Citizens”) and vacating the order certifying the unit owners as a class, and to remand for a new trial. We review de novo the order dismissing the complaint with pre... More...    $0 (08-08-2012 - FL)

City of Orlando and Lasercraft, Inc. v. Michael Udowychenko

The City of Orlando and Lasercraft, Inc., appeal a final judgment in favor of Michael Udowychenko that invalidated the City’s red light camera ordinance as preempted by state law. This court affirms the lower court’s decision and certifies conflict with the decision made by the Third District Court of Appeal in City of Aventura v. Masone, 36 Fla. L. Weekly D2591 (Fla. 3d DCA Nov. 30, 2011) (mo... More...    $0 (07-06-2012 - FL)

Ancel Pratt, Jr. v. Michael C. Weiss

This appeal challenges an attorney’s fees award, pursuant to a proposal for settlement/offer of judgment (“proposal”) in a medical malpractice action. Th e plaintiff, who prevailed against another defendant, appeals the fee award in favor of a defendant against whom he did not prevail. The plaintiff argues the fee award must be reversed because the proposal: (1) failed to apportion the offer... More...    $0 (05-02-2012 - FL)

Roland B. Clark v. Bluewater Kay RV Ownership Park

Roland B. Clark and other owners of lots in a Recreational Vehicle (RV) resort in the Florida Keys (collectively, “Clark”) appeal the trial court’s judgment in favor of the association governing the resort, Blue Water Key RV Ownership Park Property Owners Association. The trial court ruled that the Association could impose certain requirements upon lot owners through a vote of the Board of D... More...    $0 (04-13-2012 - FL)

Kirsten Riveiro v. J. Cheney Mason, P.A.

This appeal arises from a proceeding ancillary to the dissolution action of the marriage between William R. Riveiro and Kirsten L. Riveiro. Mrs. Riveiro appeals the trial court's order finding that the two law firms she hired, appellees J. Cheney Mason, P.A., and Rose M. Marsh, P.A. (hereinafter Mr. Mason and Ms. Marsh), were entitled to a charging lien of $76,357.61 plus prejudgment interest. The... More...    $0 (02-01-2012 - FL)

KJB Village Property, LLC v. Craig M. Dorne

KJB Village Property, LLC, and Siam Bagel, Inc. (collectively “Appellants”), appeal from an Order Granting Motion for Entry of Final Judgment and Final Judgment in Favor of Defendants Craig M. Dorne P.A. and Craig M. Dorne, Esq. (collectively “Dorne”). For the following reasons, we affirm.

I. FACTUAL AND PROCEDURAL HISTORY

Jerome Berman (“Berman”) purchased Siam Bagel... More...
   $0 (11-23-2011 - FL)

Angela I. Gessa v. Manor Care of Florida, Inc.

Angela I. Gessa seeks review of the decision of the Second District Court of Appeal in Gessa v. Manor Care of Florida, Inc., 4 So. 3d 679 (Fla. 2d DCA 2009), on the ground that it expressly and directly conflicts with a decision of another Florida district court of appeal on a question of law.1 We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

I. BACKGROUND

Angela Gessa ... More...
   $0 (11-23-2011 - FL)

Saverio Castello v. Select Auto Management, Inc.

Select Auto Management, Inc., sued Saverio Castelli for damages stemming from Castelli's alleged tortious interference with Select's business relationships. After a bench trial, the court ruled in Select's favor and awarded $152,223 in damages. Castelli challenges the sufficiency of the evidence to prove his liability and the damages award. His argument concerning liability is well taken, and we r... More...    $0 (05-13-2011 - FL)

Robin Simon, D.O. v. Maria Maldonado, etc., et al.

Robin Simon, D.O. (“Dr. Simon”), South Florida Orthopedics, Inc., and HealthSouth Corporation appeal a final order granting a new trial after a jury verdict and juror interview. Plaintiffs (“Maldonados”) cross-appeal the denial of the admission of a Fabre1 defendant on the verdict form and the denial of crossexamination of Dr. Simon on her medical background. We reverse the order granting ... More...    $0 (04-20-2011 - FL)

Sam Roberts Properties, Inc. v. Linda Lan Chmura

After a nonjury trial, Sam Rodgers Properties, Inc. (SRP), appeals an amended final judgment entered in favor of Linda Lan Chmura in the amount of $355,742.55, plus interest. We affirm the portion of the amended final judgment that complies with our prior mandate in Chmura v. Sam Rodgers Props., Inc., 2 So. 3d 984 (Fla. 2d DCA 2008), which orders that the previous foreclosure sale and certificate ... More...    $0 (04-27-2011 - FL)

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