Legal Opinion

Martinec v. Early Bird International, Inc.

District Court of Appeal of Florida

Decided June 6, 2012No. 4D103828PublishedCited by 2 opinions

1Opinion of the Court

ON MOTION FOR REHEARING

2Per curiam

We grant appellant’s motion for rehearing, withdraw our previous opinion, and substitute the following in its place.

In this mortgage foreclosure action, appellant, Denise Martinec, appeals a final judgment entered in favor of Early Bird International (EBI). Appellant raised defenses and counterclaims below, seeking relief under the Federal Truth in Lending Act (TILA), the Federal Home Ownership and Equity Protection Act (HOEPA), and the Florida Fair Lending Act (FFLA). The trial court entered judgment in favor of EBI upon determining that EBI is not a “creditor” for…

3Cases cited8 opinions

  1. Beach v. Ocwen Federal BankSupreme Court of the United States · 1998
  2. Beach v. Great Western BankSupreme Court of Florida · 1997
  3. Reese v. JPMorgan Chase & Co.District Court, S.D. Florida · 2009
  4. Ronald C. Davis and Bari Davis v. Federal Deposit Insurance CorporationCourt of Appeals for the Federal Circuit · 1980
  5. Calvin Steele v. Ford Motor Credit CompanyCourt of Appeals for the Eleventh Circuit · 1986

3 more not listed; retrieve them via the Exa API.

4Cited by2 opinions

  1. Katline Realty v. Gregg AvedonDistrict Court of Appeal of Florida · 2014
  2. DENISE L. MARTINEC v. EARLY BIRD INTERNATIONAL, INC. and LARRY MARTINECDistrict Court of Appeal of Florida · 2018

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