Legal Opinion

Badgley v. Suntrust Mortgage, Inc.

District Court of Appeal of Florida

Decided March 14, 2014No. 5D13-2500PublishedCited by 4 opinions

1Opinion of the CourtLawson, J.

Amy Badgley appeals from an order dismissing her quiet title action and imposing attorneys’ fees against her and her attorney, Kelley Boseeker, under section 57.105(1), Florida Statutes. Her arguments on appeal are just as frivolous as her quiet title claim. In her first issue, she baldly asserts that dismissing a complaint prior to discovery violates due process of law. The law is to the contrary. See, e.g., LatAm Investments, LLC v. Holland & Knight, LLP, 88 So.3d 240, 245 (Fla. 3d DCA 2011) (rejecting argument that dismissal for failure to state a claim prior to discovery denied plaintiff…

2Cases cited4 opinions

  1. Fladell v. Palm Beach County Canvassing Bd.Supreme Court of Florida · 2000
  2. Latam Investments, LLC v. Holland & Knight, LLPDistrict Court of Appeal of Florida · 2011
  3. Frosti v. CreelSupreme Court of Florida · 2008
  4. Appel v. Lexington Insurance Co.District Court of Appeal of Florida · 2010

3Cited by4 opinions

  1. Unrue v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2014
  2. Dan Pronman, Gary Pronman and Mark P. Bockstein v. Brian Styles and Movie Star Musclecars, Inc.District Court of Appeal of Florida · 2015
  3. Schwades v. America's Wholesale LenderDistrict Court of Appeal of Florida · 2014
  4. Sherron v. CTX Mortgage Co.District Court of Appeal of Florida · 2014

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