Publications

Potential Alterations to the Planned Unit Development Section of Jacksonville’s Zoning Code

By: William Michaelis Recently, legislation was introduced that would amend the Zoning Code by altering the requirements and the procedure for obtaining a rezoning to Planned Unit Development, or PUD. The proposed ordinance amends Sec. 656.340, titled Planned Unit Development-PUD. The pertinent additional language states that “a Planned Unit Development, or amendment thereto of existing […]

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Permit Extensions as a Result of Hurricane Hermine

By: William Michaelis At 5:00 p.m. on August 31, 2016, Governor Rick Scott issued a state of emergency for 42 counties because of Hurricane Hermine. If you have a project that is subject to permitting requirements, this declaration could be beneficial. That is because the Governor declaring a state of emergency tolls the period remaining […]

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SCOTUS to Consider City of Miami’s Predatory Lending Lawsuit Against Banks

By Courtney Gaver In a case that will have a direct impact on creditors, the U.S. Supreme Court has agreed to hear an appeal involving the City of Miami’s claims in three related cases that it suffered damages through alleged discriminatory lending practices of residential mortgage lenders including Bank of America, Wells Fargo, and Citigroup. […]

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Recent Decision Highlights Importance of Maintaining Original Note Modifications

By Janet C. Owens As we have previously discussed, under Florida law, in a foreclosure action, a lender must either provide the original promissory note or, if the note was lost, stolen, or destroyed, follow the statutory procedure for reestablishing a lost note. However, as a recent decision from the Fourth District Court of Appeal […]

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Third District Court of Appeal Withdraws Decision Applying the Statute of Limitations to Mortgage Foreclosures

By Adam B. Brandon Florida’s Third District Court of Appeal (DCA), sitting en banc, recently withdrew an unpopular decision applying the statute of limitations defense to mortgage foreclosures. As previously discussed on this blog, the Third DCA’s prior opinion in Deutsche Bank Trust Co. Am. v. Beauvais took the unique position that the dismissal of […]

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