Gotta Love Those David Stern Smackdowns!

David Stern SMACKDOWN- 4th DCA Appellate Court Reversal of Summary Judgment of Foreclosure!


Posted on June 10, 2010 by Neil Garfield

Somebody get me the full text of this opinion

David Stern SMACKDOWN
4th DCA Appellate Court Reversal
of Summary Judgment of Foreclosure!

June 10, 2010
Matthew D. Weidner, Esq.

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. It’s not up for the defendant to prover her case at summary judgment, only to put into question the Plaintiff’s case. At that point, summary judgment is no longer on the table for Plaintiffs.

As a practical matter, I don’t see how they proceed with final judgments and the high evidentiary burdens a real trial would create.