Justices Should Weigh In On FCA Objective Falsity Standard | Bradley Arant Boult Cummings LLP
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Sea Change? Water Policy Under the Biden Administration | Bradley Arant Boult Cummings LLP
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The Florida Supreme Court rang in the New Year by casting a blow to lenders and loan servicers in Florida seeking to avoid the entry of attorneys’ fees judgments in borrowers’ favors where the borrowers successfully argued the plaintiff lacked standing to foreclose. On December 31, 2020, the court issued its opinion in
Page v. Deutsche Bank Tr. Co. Americas. In its opinion, the court reversed the Fourth District Court of Appeal’s decision reversing an order and judgment entered by the Circuit Court for the 17
th Judicial Circuit in and for Broward County, Florida. The Fourth DCA had previously granted the borrower’s motion for attorneys’ fees entered following an involuntary dismissal of the lender’s foreclosure action based on the bank’s inability to prove standing at the time the complaint was filed. The Fourth DCA held in its en banc unanimous decision that “[i]f the borrower prevails on its ‘lack o