green
Positive treatment
Quoted verbatim 1×
14.6 score
“the plain language does not impose a bar on filing suit if notice is not provided consistent with the statute ...”
Top citers, strongest first. 7 distinct citers.
discussed
Cited as authority (verbatim quote)
Valle v. First National Collection Bureau, Inc.
the plain language does not impose a bar on filing suit if notice is not provided consistent with the statute ...
discussed
Cited as authority (rule)
Dyck-O'Neal, Inc. v. Heather Lanham
Bank of Am., N.A. v. Siefker, 201 So. 3d 811, 817 (Fla. 4th DCA 2016) (“The plain language [of section 559.715] does not impose a bar on filing suit if notice is not provided consistent with the statute and that makes this case distinguishable from the opinions relied on by the borrower, which all involve unambiguous statutory language providing a bar to suit if a specified act was not satisfied.”).
discussed
Cited as authority (rule)
Peters v. The Bank of New York Mellon
See Brindise v. U.S. Bank Nat’l Ass’n, 183 So.3d 1215, 1219-20 (Fla. 2d DCA), review denied, No. SC16-300, 2016 WL 1122325 (Fla. Mar. 22, 2016); Nationstar Mortg., LLC v. Summers, 198 So.3d 1162, 1162 (Fla. 1st DCA 2016) (per curiam affirmance citing Brindise with approval); cf. Bank of Am., N.A. v. Siefker, 201 So.3d 811, 817-18 (Fla. 4th DCA 2016) (holding that section 559.715 was applicable to the mortgage foreclosure action brought by Bank of America, but that the statute did not operate as a. condition precedent to bringing a mortgage foreclosure action).
discussed
Cited "see"
Edward Michael Kelly v. Julie Duggan
See Bank of Am., N.A. v. Siefker, 201 So. 3d 811, 815 (Fla. 4th DCA 2016) (holding that mortgage foreclosure action was action to collect debt under FCCPA); Brindise v. U.S. Bank Nat’l 3This Court has also rejected the argument that, to constitute a debt under the FCCPA, an extension of credit is required.
discussed
Cited "see"
National Collegiate Student Loan Trust 2007-1 v. Lipari
Accord Bank of Am., N.A. v. Siefker, 201 So.3d 811 (Fla. 4th DCA 2016) (interpreting the post-2010 version' of section 559.715); Brindise v. U.S. Bank Nat’l Ass’n, 183 So.3d 1215 (Fla. 2d DCA 2016) (interpreting the post-2010 version of section 559.715). 1 In short, it is not for the court to rewrite the statute, and we decline Appellee’s invitation to do so.
cited
Cited "see"
Murdoch v. Bank of America, N.A.
See Bank of America, N.A. v. Siefker, No. 4D14-1923, 201 So.3d 811 , 2016 WL 5939738 (Fla. 4th DCA Oct. 13, 2016); Deutsche Bank Nat’l Trust Co. v. Hagstrom, 203 So.3d 918 , 41 Fla. L.
cited
Cited "see"
Pons v. HSBC Bank USA, N.A. ex rel. Holders of Deutsche ALT-A Securities Mortgage Loan Trust
See Bank of America, N.A. v. Siefker, No. 4D14-1923, 201 So.3d 811 , 2016 WL 5939738 (Fla. 4th DCA Oct. 13, 2016).
Colby A. SMITH
v.
STATE of Florida
v.
STATE of Florida
No. 1D16-4473.
District Court of Appeal of Florida, Fourth District.
Oct 11, 2016.
Colby A. Smith, pro se, Petitioner., Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.
Roberts, Rowe, Wetherell.
Published
PER CURIAM.
DISMISSED. See Baker v. State, 878 So.2d 1236 (Fla.2004).
ROBERTS, C.J., WETHERELL and ROWE, JJ., concur.