Practice Area: Appeals
Date: July 26, 2016
Outcome: Petition for Writ of Prohibition GRANTED!
Introduction: This Appeal arose out of a Landlord-Tenant case. Bechor sued my client, Timianski, for eviction under Florida's Landlord-Tenant law in two separate actions. However, there was an Option to Purchase contract for the purchase of the real estate involved. I moved the Court for a determination of the rent and to consolidate the two cases,...
Practice Area: Insurance
Date: April 26, 2016
Outcome: Final Summary Judgment for Defendant!
Defendant's (my) Motion for Final Summary Judgment GRANTED. Based upon the language of the contract, the Plaintiff should have submitted its bills to the insurance company before filing suit against the homeowner. Plaintiff filed suit on their construction lien to foreclose my client's home BEFORE revoking the assignment and BEFORE submitting its bill to the...
Practice Area: Foreclosure
Date: October 30, 2015
Outcome: Final Judgment for Plaintiff Upheld!
At trial it became apparent that as a result of this loan being transferred multiple times prior to suit being filed the loan payment history was less than reliable. I made the executive decision not to introduce it into evidence. The borrower had passed away and there was no viable estate from which the Plaintiff...