Following oral argument, Bob Case obtained a favorable opinion from the Second Circuit Court of Appeal on behalf of the firm’s bank client. The issues raised in the appeal related to the trial court’s entry of summary judgment following the trial court’s acceptance of certain evidence argued by the commercial borrower as being improperly presented under Florida’s evidentiary statutes. The Second Circuit Court of Appeal affirmed the entry of summary judgment and the commercial real property securing the loan was sold at a judicial sale.
Bob Case and Kathryn Smith secured a million dollar jury verdict in favor of the firm’s bank client following a two-day trial in Naples, Florida. The matter arose from a guarantor’s refusal to comply with the terms of the guaranty and an allegation that the bank’s willingness to work with the borrower released the guarantor from his obligation. The jury found in favor of the bank on all issues and held the guarantor liable under the guaranty.
Robert (Bob) Stovash successfully argued on behalf one of the firm’s bank clients, Hancock Bank, before the Fifth District Court of Appeal that a court imposed vendor’s lien could not be levied against property encumbered by Hancock Bank’s mortgage. By successfully appealing the trial court’s declaratory judgment, Bob was able to protect the lien priority of his client’s multi-million dollar mortgage. The decision is titled “Hancock Bank vs. D.S.C. of Newark Enterprises, Etc.” and is published by the Fifth District Court of Appeal of the State of Florida as Case number 5D13-2305.