The 2023 Florida Statutes (including Special Session C)
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. . . conflates the requirements of section 673.3091 with the right to reestablish a lost document under section 71.011 . . . Unlike section 673.3091, section 71.011 does create a standalone cause of action: A person desiring to . . . complaint are the only persons known to plaintiff who are interested for or against such reestablishment. § 71.011 . . . Deutsche Bank did not rely on section 71.011 in its foreclosure complaint. . . .
. . . Instead, section 71.011, Florida Statutes (2014), entitled “Reestablishment of papers, records, and files . . . The problem is that Nationstar did not rely on section 71.011 in the trial court proceedings and raised . . . The question of whether section 673.3091 displaces- section 71.011 as to the standards for reestablishing . . . [which] contains more stringent requirements than [section 71.011].”) (emphasis added). . . . The contrary argument is that a note can be reestablished under the plain language of section 71.011, . . .
. . . While it would be preferable to reestablish the written instrument in the manner authorized by section 71.011 . . .
. . . One of the court’s findings was a determination that the note was re-established pursuant to section 71.011 . . . In the earlier foreclosures, the mortgagee relied on section 71.011 in seeking to re-establish the note . . . recognize that in Badra I, the trial court said it was re-establishing the note pursuant to section 71.011 . . .
. . . of the note at the time it was lost, and the trial court re-established the note pursuant to section 71.011 . . .
. . . . § 71.011 (135-142) Intentional spoliation of evidence (143-145) Conversion (146-148) Unjust enrichment . . .
. . . See § 71.011, Fla. Stat. (2003). . . .
. . . State Street sought to establish the promissory note and mortgage under section 71.011, Florida Statutes . . . fact as to whether the plaintiff could re-establish the terms of the promissory note under section 71.011 . . . foreclosure even where the promissory note is not re-established, the Third District applied section 71.011 . . .
. . . Civil Practice and Remedies Code, and (2) Wrongful Death and Survival Action pursuant to §§ 71.001-71.011 . . .
. . . He argues that his proof complied with section 71.011, Florida Statutes (1995), which provides for establishing . . . Section 71.011 controls the establishment of lost documents “except when otherwise provided.” . . .
. . . substantial copy of the lost promissory note to prove its essential terms as is generally required by section 71.011 . . .
. . . See §§ 71.011(5), 71.031, Fla.Stat. (1995). . . . The state filed a motion to reestablish the record, citing sections 71.011 and 71.031, Florida Statutes . . . The motion set forth the information specified by subsection 71.011(5), including the date of filing . . . In response, the state unearthed sections 71.011 and 71.031, Florida Statutes, and filed its motion in . . . See § 71.011(5), Fla.Stat. . . .
. . . reestablish each of the non-competition agreements executed by Feld-man and Saavedra pursuant to section 71.011 . . . In other words, the court construed section 71.011 to mean that the reestablishment of the lost document . . . Section 71.011(4) provides in relevant part that: (a) Any paper, record or file reestablished has the . . . We agree with Carlsen that the plain language of section 71.011(4)(a) states only that upon the recording . . .
. . . . §§ 71.001-71.011, 71.021 (Vernon 1986), and that Texas law applies. . . .
. . . an adverse summary judgment entered in favor of appellee on his action brought pursuant to section 71.011 . . .
. . . . §§ 71.001-71.011 (Vernon 1986). . . . .
. . . the lost or destroyed note, was required to reestablish the note in a separate action under section 71.011 . . . The makers-payors argue that because section 71.011 and section 673.804 are in conflict and section 71 . . . .-011 was enacted after section 673.804, therefore section 71.011 prevailed over section 673.804. . . . without first re-establishing the lost, destroyed or stolen instrument in a separate action under section 71.011 . . .
. . . So.2d 396 (Fla. 5th DCA 1983) is distinguishable from the case before us because in Jarvis, section 71.011 . . . section 47.041, the county where the action was filed was arguably one of the counties where section 71.011 . . .
. . . . & REMEDIES CODE §§ 71.001-71.011 (Vernon 1985) ] for the interruption of the family relationship and . . .
. . . those instruments have been lost and the sellers seek to reestablish those documents under section 71.011 . . . Section 71.011(2), Florida Statutes (1981), provides that when reestablishment of a private paper is . . .
. . . . § 71.011, F.S.A. . . .