Various updates regarding the Florida Bar

Fifth Circuit Needs a Judge

The Fifth Circuit Judicial nominating commission is now accepting applications to fill a circuit vacancy.  A Tampa,FL  Child Custody Attorney may be a good choice to fill the vacancy.  Applicant must have been a member of The Florida Bar for the preceding five years, registered voters, and be a resident of Marion, Lake, Hernando, Citrus, or Sumter Counties at the time he/she assumes office.  The Fifth Circuit JNC understands that the person appointed will likely serve in the circuit courts for both Hernando and Citrus counties.  Are you dealing with a Tampa, FL Family Law Attorney issue? Applications may be downloaded from the Florida Bar’s website at www.floridabar.org and are also available from the JNC chair. Applicants must submit a fully completed original and one copy of the application, along with one electronic copy and one electronic redacted copy which must be delivered to Schroth no later than 4:30 p.m..

Criminal jury instructions panel seeks members

The Supreme Court committee on standard jury instructions in criminal cases is now accepting applications for membership on the committee. The committee is charged with updating the criminal jury instructions based on changes made to Florida Statutes an opinion issued by the Florida District Court of Appeal, The Florida Supreme Court and U.S. Supreme Court. The committee usually meets four times a year in the central Florida area. All appointments are made by the Chief Justice  need a license to practice law in Florida to apply for appointment although there are no open positions for defense attorneys and judges at present. Application forms for membership can be found at the Florida Supreme Court’s website. An application interested in serving should be applied to all interested parties are requested to submit a cover letter along with the application via email mark Schneider committee staff liaison.

THE EFFORTS CONTINUE

What do plaintiffs’ attorneys think they can do?  They think they can file whatever case they want, and it creates a very unsettled version of what we call
“wild wild west law.”  If you ask five lawyers in this state what it means, they’re all going to give you a bunch of different answers.  What I expect to see is a whole lot of new cases filed, cases whether or not the five years (statute of limitations) have passed.  The case involved a couple who bought a home and later divorced.  According to the terms of a prenuptial agreement (competent Pinellas Family Law Attorney), the husband bought out the wife’s interest in the home, taking out a $650,000 mortgage and giving the wife a second mortgage for an additional amount.  The husband never paid the second mortgage and stopped making payments on the first mortgage after a few months as well as homeowner association assessments.  How this impacts a St. Petersburg Eviction Attorney may very will determine whether you will prevail in your case.  The bank lender filed foreclosure and sought to accelerate payments.  Five years later, the case was dismissed with prejudice after Civ. Proc. Rule 1.420(b) was invoked, and after the bank failed to attend a case management conference.  The bank did not appeal the dismissal.  In subsequent litigation over the second mortgage between the husband, wife, homeowners association, and the bank, the husband filed a cross-claim against the bank seeking a declaratory judgment to cancel the first mortgage and quiet title to the property.  The husband moved for summary judgment and the trial court granted his motion.  The bank filed for a rehearing and after that was denied, appealed to the Fifth District Court of Appeal, where they cited the case Singleton v. Greymar Associated, and overturned the trial court and ruled the bank could bring another foreclosure action based on defaults subsequent to the dismissal of the first suit.

COURT CLEARS WAY FOR RENEWED FORECLOSURE EFFORTS

FORECLOSURE LAW IS CHANGING

Lenders who have had a foreclosure suit dismissed can bring new action if the borrower continues to default after the dismissal and the case is brought within 5 years of a nonpayment, according to the Florida Supreme Court.  At issue in the court’s November 3rd ruling was the statute of limitations provision in Florida Law that stipulates mortgage foreclosure must be bought within five years of payment default.  Family Law Lawyers handling foreclosure cases agreed the ruling may lead to a rise in foreclosure cases, following several years of declining filings.  The Florida Supreme Court’s decision finally brings some clarity to the issue and will allow judges who have been reluctant to rule on foreclosure cases to move forward with ones that have been pending for years, said Michele Stocker of Greenberg Traugi’s office.  Now everyone knows what is and is not permissible.  However, Margery Golant, a Boca Raton attorney who defends homeowners in foreclosures, said the ruling will add confusion to foreclosure cases and could reward bad behavior by some lenders.  A Child Custody Pinellas Park, FL attorney may have the right approach for you, if you find yourself in a situation like this.