borrower motion (Florida) · Go Syfert
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borrower motion in Florida

5 Florida opinions name it 2 courts 1917–2019 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Petition of Florida Bargreen
fla · 1952 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016“Inherent power has to do with the incidents of litigation, control of the *395 court’s process and procedure, control of the conduct of its officers and the preservation of order and decorum with reference to its proceedings.” Petition, of Fla. Bar, 61 So.2d 646, 647 (Fla.1952).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Thornber v. City of Ft. Walton Beach green
fla · 1990
2 sentences

2019In Thornber v. City of Fort Walton Beach, 568 So. 2d 914 (Fla. 1990), we held, “In general, when a plaintiff voluntarily dismisses an action, the defendant is the prevailing party.” Id. at 919 (citing Stuart Plaza, Ltd. v. Atl.

2019In Thornber v. City of Fort Walton Beach, 568 So. 2d 914 (Fla. 1990), we held, “In general, when a plaintiff voluntarily dismisses an action, the defendant is the prevailing party.” Id. at 919 (citing Stuart Plaza, Ltd. v. Atl.

12019–2019
Roundtree v. State green
fladistctapp · 2017
1 sentence

2019Nationstar Mortgage LLC v. Glass, No. 4D15-4561 (Fla. 4th DCA Apr. 12, 2017). -5- On motion for rehearing en banc, the district court reiterated its prior opinion, stating, “We grant the Borrower’s motion for rehearing en banc and, after en banc consideration, adopt the panel opinion as revised below.” Glass, 219 So. 3d at 897 .

12019–2019
Bank of New York v. Andrew Calloway green
fladistctapp · 2015
1 sentence

2017In sustaining Borrower’s objection, the trial court reasoned that it was interpreting this court’s holding in Bank of New York v. Calloway, 157 So.3d 1064 (Fla. 4th DCA 2015), to mean “that it’s not just the boarding process and that whole reliability, accuracy, auditing, verification process but we’re still dealing with the part of the evidence rule concerning laying a foundation in terms of how these records are created.” On that point, it appears that the court took an exceedingly narrow view of our holding in Calloway , and should have admitted the precluded portion of the payment history.

12017–2017
Stoutamire v. North Florida Loan Association green
fla · 1943
2 sentences

1954The holding below, and the contention here, is that the fee in this case is ruled by the holding of this Court in Stoutamire v. North Florida Loan Association, 152 Fla. 321 , 11 So.2d 570 .

1954The holding below, and the contention here, is that the fee in this case is ruled by the holding of this Court in Stoutamire v. North Florida Loan Association, 152 Fla. 321 , 11 So.2d 570 .

11954–1954
Holmes v. French green
me · 1878
1 sentence

1917A. 610 , it was held that “Usury statutes do not affect the obligation of the contract, but pertain to the remtedy only, by giving to the debtor the privilege of avoiding his contract when usurious, and their repeal, without a saving clause, takes away such privilege, even as to contracts previously made.” The Supreme Court of Maine in Holmes v. French, 68 Me. 525 , has carefully pointed out the distinction in the effect of a statute which repeals one which declares usurious contracts void, and one which merely penalizes the usurer by giving the borrower the privilege of avoiding it by proper

11917–1917

Where else courts name it

CA 30 (1999–2025) TX 7 (1989–2020) FL 5 (1917–2019) NJ 4 (2001–2014) CT 4 (1995–2021) MD 3 (2007–2025) NY 2 (2022–2022) OH 2 (2009–2025) NM 2 (2021–2021) IL 2 (1984–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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