Florida/Georgia Personal Injury & Workers Compensation

Service's formal actions under the APA, 5 U.S.C. § 702.11 As a procedural statute, the APA does not expand

expeditiously as possible. 11 U.S.C. § 701; 11 U.S.C. § 702; 11 U.S.C. § 704. To facilitate liquidation, the code

...As a result, the expired MBTA-based preliminary injunction does not represent a moot controversy. B. The Migratory Bird Treaty Act Sierra Club claims a right to judicial review of the Forest Service's formal actions under the APA, 5 U.S.C. § 702.11 As a 11 5 U.S.C....

...The bank’s witness testified that the note was not lost due to a transfer by LaSalle or a lawful seizure and that the bank was willing to indemnify anyone if a third-party were to attempt to enforce the note. We do not consider the application, if any, of section 702.11, Florida Statutes (2014), because the homeowners failed to raise this argument as part of their motion for involuntary dismissal, so it was waived....

...nds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means. (Emphasis added). Section 702.11(1), Florida Statutes (2013), explains the concept of adequate protection: 702.11....

...5th DCA 2014). Generally this post-proof condition is satisfied through a written indemnification agreement in the final judgment, the posting of a surety bond, a letter of credit, a deposit of cash collateral with the court, or "[s]uch other security as the court may deem appropriate under the circumstances." § 702.11(1)(e), Fla....

...ote. See § 673.3091, Fla. Stat. (2004). The danger that the original note might be negotiated to a bona fide purchaser for value is abrogated by the requirement that the one seeking to enforce a lost note must indemnify the defendant. Id.; see also § 702.11, Fla....

...written indemnification agreement in the final judgment, the posting of a surety bond, a letter of credit, a deposit of cash collateral with the court, or ‘[s]uch other security as the court may deem appropriate under the circumstances.’” Id. (quoting § 702.11(1)(e), Fla....

...secured by a promissory note on residential real property. Because this provides further clarity in the rule, we adopt this amendment. The Committee also agrees with comments suggesting that subdivision (d) of the rule be amended to add a reference to section 702.11, Florida Statutes, for -3- completeness and clarity of “the adequate protections which must be provided before entry of judgment.” Subdivision (d) of the rule addresses lost, destroyed, or stolen instruments. In such cases the claimant is required to provide “adequate protection” against “loss that might occur by reason of a claim by another person to enforce the instrument.” § 673.3091(2), Fla. Stat. (2015). Section 702.11, Florida Statutes, also addresses adequate protection for lost, destroyed, or stolen notes in mortgage foreclosure and lists the acceptable reasonable means of providing adequate protection, “if so found by the court.” § 702.11(1), Fla. Stat. (2015). Accordingly, because both sections 673.3091(2) and 702.11(1) are important provisions regarding adequate protections, we adopt the amendment to subdivision (d) as proposed by the Committee. Form 1.944(a) (Mortgage Foreclosure)....

...of the note and the allonges to the note, audit reports showing receipt of the original note, or other evidence of the acquisition, ownership, and possession of the note as may be available to the claimant. Adequate protection as required and identified under sections 673.3091(2) and 702.11(1), Florida Statutes, shall be provided before the entry of final judgment. (e) [No change] -8- FORM 1.944(a)....

........(identify statutory and/or contractual bases, as applicable)...... WHEREFORE, Plaintiff demands judgment re-establishing the promissory note, determining the amount and nature of adequate protection to be required by sections 673.3091(2) and 702.11, Florida Statutes, foreclosing the mortgage, for costs (and, where applicable, for attorneys’ fees), and if the proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency judgment. NOTE: An action for foreclosure of a mo...

...This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013), and rule 1.115. It is also designed to comply with section 673.3091, Florida Statutes (2013). Adequate protection as required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013), must be provided before the entry of final judgment. - 16 - FORM 1.944(c)....