This week, I filed briefs in two more appeals. Both included arguments on Fla. Stat. 559.715, and I’ve now officially lost count of how many appeals I have pending with this issue. 
Between all the appeals, all the briefs, and all the opposing law firms, it now feels like STOPA in one corner and THE REST OF THE WORLD in the other! But that’s OK. Everyone likes an underdog.
Anyway, here’s the Initial Brief I just filed in Florida’s First District Court of Appeal. While this is similar to others I’ve filed on 559.715, there are significant nuances with each case. For example, notice how, on this one, I’m also challenging the bank’s compliance with paragraph 22 based on an evidentiary argument made at trial? (Consider that a word of warning if you’re trying to be your own lawyer by copying these briefs – it’s not possible; the nuances are endless.)
Meanwhile, I have another Oral Argument in the Second District, this one scheduled for Wednesday, June 17, 2015 at 9:30. In this one, I got the case dismissed on summary judgment, and the bank is appealing. I’m defending on three grounds: (1) the bank did not preserve its arguments; (2) paragraph 22; and (3) 559.715. Here are the briefs:
Initial Brief (by the Bank)
Answer Brief (by me)
Reply Brief (by the Bank)
Eventually, we’re going to get a written opinion on 559.715. Maybe not on this appeal (my prediction is a PCA), but we’ll get one before too long!
Here’s a link to live video of the arguments. If you miss it, I’ll post the video here after it’s over.
Mark Stopa
www.stayinmyhome.com
The post Fla. Stat. 559.715: The Battle Continues appeared first on Stopa Law Firm.
No comments:
Post a Comment