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Negotiability of HELOC Notes under Florida Law

June 28, 2018

Authors

Jonathon Nicol

Negotiability of HELOC Notes under Florida Law

June 28, 2018

by: Jonathon Nicol

In Third Fed. Sav. & Loan Ass’n of Cleveland v. Koulouvaris, No. 2D17-773, 2018 WL 2271112 (Fla. 2d DCA 2018), Florida’s Second District Court of appeal analyzed, in the context of trial exhibit authentication, whether the note for a home equity line of credit (“HELOC”) was negotiable.

The Second District Court of Appeal considered whether it was proper for the Pasco County, Florida trial

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Federal Courts in Georgia and Florida Dismiss Ordinary Negligence Claims

September 13, 2012

Authors

Bard Brockman

Federal Courts in Georgia and Florida Dismiss Ordinary Negligence Claims

September 13, 2012

by: Bard Brockman

We have previously summarized an important district court ruling dismissing the FDIC’s ordinary negligence claims against former directors and officers of Integrity Bank of Alpharetta, Georgia.  The FDIC asked the U.S. District Court for the Northern District of Georgia to reconsider its decision in that case, but the court recently denied that request and reaffirmed its rationale that Georgia’s version of the Business Judgment Rule bars claims for ordinary negligence against corporate directors and officers.  A copy of the court’s recent order in the Integrity Bank case is available here.  Although the district court declined to reconsider

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