The Florida Supreme Court has made it clear that Plaintiffs must establish the basic facts they claim entitle them to foreclose prior to filing, with the implementation of the new Verified Complaint Rule.
The Second DCA has made it clear that the Plaintiff’s facts must be established prior to granting foreclosure bacfunding, verizzo. The Fourth DCA has made it clear that the Plaintiff’s facts must be established prior to granting foreclosure riggsfourth.
Most circuit court judges, recognizing the clear mandates of the Supreme Court and the District Courts of Appeals are now (finally) requiring the Plaintiffs to come before them with proper allegations in order to withstand a Motion to Dismiss. In many courtrooms, gone are the days when sloppy allegations and contracts between parties not before the court are enforced, but this is unfortunately not the case across the state.
Attached below are a few recent circuit court Orders which confirm the growing consensus that Plaintiffs must provide a proper evidentiary and pleading basis in order to proceed with their cases. In addition to those found here, a search of Florida Law Weekly reveals similar Orders from across the state. When you know you’re going into a hostile courtroom, make sure you copy all these decisions, cite them in your memos and motions and leave the cases with the judge. He or she may not grant your motion, but in quiet times of reflection, they may take the time to read the Orders and then the powerful judicial intellect will shift to join the growing consensus against the Putrid Plaintiff’s Practice. Read on and enjoy: