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Civil Litigation

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In Cramer v. Bank of America, N.A., No. 4D15-1242 (December 16, 2015), the 4th DCA refused to extend immunity from service of process for an out-of-state resident while attending a court proceeding in a related matter, as found as found in Lienard v. DeWitt, 153 So. 2d 302, 303 (Fla. 1963).  The Court held that such immunity does not apply to in-state residents.  

Contact Xander Law Group for you Miami business & commercial litigation needs.  The attorneys of the Xander Law Group can help you during the entire legal process and can ensure that your rights are protected.  Call us today at 305-767-2001 to schedule a free consultation and see how Miami law firm Xander Law Group can help you with your case.  For more information on how our law firm can help you, visit us online at http://xanderlawgroup.com.

SAFETY FROM AN ACTION FIASCO

In a recent ruling, the 4th DCA held that collateral estopple did not bar a quiet title action between two buyers at auction that occurred in separate foreclosure actions.  Lucky Nation, LLC purchased property at auction after the home-owners association foreclosed on it.  Prior to receiving title, Bank of America (mortgagee) initiated a foreclosure action against the original owners; and, the property was purchased by Al-Maghazchi during an auction on the bank’s foreclosure action.  At the time of the bank’s foreclosure sale, Lucky Nation, LLC had no knowledge thereof.  Upon learning of the Al-Maghazchi sale, Lucky Nation, LLC motioned the Court in the bank’s foreclosure action to vacate the judgment of foreclosure.  The 4th DCA holding that Lucky Nation, LLC was not barred by collateral estopple did not bar a quiet title action was based upon 1) Lucky Nation, LLC did not intervene in the Bank’s foreclosure action (thus, it was not a party to that action), and 2) a motion did not constitute a pleading.   See  Lucky Nation, LLC and Nina Solonenko v. Hassan Al-Maghazchi, No. 4D14-4764 (January 6, 2016).

Contact Xander Law Group for you Miami civil litigation needs.  The attorneys of the Xander Law Group can assist you during the entire legal process and can ensure that your rights are protected.  Call us today at 305-767-2001 to schedule a free consultation and see how Xander Law Group can help you with your case.  For more information on how our law firm can help you, visit us online at http://xanderlawgroup.com.