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Foreclosure Defense Attorney WAR ROOM- Thursday, June 24th, Boca
Raton
June 10th, 2010 No Comments Foreclosure
My thanks to the superstars at Ice Legal in West Palm for
sharing the latest good decision out of the 4th DCA which
covers Broward County, West Palm and other counties on the East
Coast of Florida.
Read this opinion carefully, it is yet another repudiation of
the summary judgment of foreclosure procedures widely
being used in courtrooms across the state.
This opinion and others should make it absolutely clear that
circuit courts cannot grant summary judgment when any
objection is made whatsoever. Its not up for the defendant to
prover her case at summary judgment, only to put into
question the Plaintiffs case. At that point, summary judgment is
no longer on the table for Plaintiffs. As a practical
matter, I dont see how they proceed with final judgments and the
high evidentiary burdens a real trial would create.
lazuran
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d Stern SMACKDOWN- 4th DCA Appellate Court Reversal of Sum...
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6/10/2010 1
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