Legal Opinion
Posner & Sons, Inc. v. Transcapital Bank
District Court of Appeal of Florida
Decided July 27, 2011No. Nos. 4D09-4139, 4D09-4687, 4D10-756, 4D10-1163PublishedCited by 1 opinion
1Opinion of the CourtGerber, J.
In these consolidated foreclosure cases, the borrower and related parties primarily appeal from an order dismissing the borrower’s counterclaim and third-party claim for fraud against the bank and the bank’s attorney. The borrower argues that the circuit court erred by concluding that the fraud claim was barred under M/I Schottenstein Homes, Inc. v. Azam, 813 So.2d 91 (Fla.2002). We agree with the borrower and reverse in all cases.
We state the facts in favor of the borrower as pled in the four corners of its fraud claim. See Scarfone v. P.C.-Plantation, LLLP, 59 So.3d 371, 372 (Fla. 4th DCA…
2Cases cited7 opinions
- Butler v. YusemSupreme Court of Florida · 2010
- Besett v. BasnettSupreme Court of Florida · 1980
- Gilchrist Timber v. ITT Rayonier, Inc.Supreme Court of Florida · 1997
- M/I Schottenstein Homes, Inc. v. AzamSupreme Court of Florida · 2002
- Pressman v. WolfDistrict Court of Appeal of Florida · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State of Louisiana v. Harrison ThibeauxLouisiana Court of Appeal · 2011