Legal Opinion

Herrera-Edwards v. Moore (In re Herrera-Edwards)

United States Bankruptcy Court, M.D. Florida

Decided June 19, 2017No. Case No. 8:12-bk-15725-KRM; Adv. No. 8:14-ap-247-KRMPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION ON REMAND

K. Rodney May, United States Bankruptcy Judge

This adversary proceeding is before the Court after remand from the District Court, which vacated this Court’s entry of a $44,953.93 judgment against pro se defendant Eric Moore (“Mr. Moore”).1 This Court initially ruled that Mr. Moore had fraudulently induced the Debtor to enter into a Consulting Agreement, dated July 11, 2012.2 Thus, the Consulting Agreement was void and unenforceable. But, even if that agreement was valid, Mr. Moore was not entitled to a 17% fee on funds released to the Debtor from escrow shortly…

2Cases cited28 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. American Home Assurance Company v. Glenn Estess & Associates, Inc., D/B/A Sales Consultants of BirminghamCourt of Appeals for the Eleventh Circuit · 1985
  3. Executive Benefits Insurance Agency v. ArkisonSupreme Court of the United States · 2014
  4. Butler v. YusemSupreme Court of Florida · 2010
  5. Luis Virgilio v. Terrabrook Vista Lakes, L.P.Court of Appeals for the Eleventh Circuit · 2012

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3Cited by2 opinions

  1. Cella III, LLC v. Jefferson Parish Hospital Service District No. 2 PUnited States Bankruptcy Court, E.D. Louisiana · 2020
  2. Welt v. BumshteynUnited States Bankruptcy Court, S.D. Florida. · 2022

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