Moving for Summary Judgment Prior to an Answer – A Difficult Burden

Another case in point where a summary judgment entered in favor of a mortgagee was reversed on appeal.  In Dominko v. Wells Fargo Bank, N.A., 102 So. 3d 696 (Fla. 4th DCA 2012), a mortgagor appealed from a grant of summary judgment in favor of the mortgagee.  In February 2010, Wells Fargo filed a mortgage […]

Summary Judgment Improper Where Based Upon Unauthenticated Evidence

In Berkowitz v. Delaire Country Club, Inc., 4D11-3858, 2012 WL 5232251 (Fla. 4th DCA 2012), Stuart Berkowitz (“Berkowitz”), a member of the Delaire Country Club, Inc. (the “Club”), proposed 17 amendments to the Club’s articles of incorporation in a 52-page packet. The Club asked that Berkowitz submit only a single page addressing each proposed amendment […]