Foreclosure Defense Florida

Florida Second DCA Reverses Summary Judgment in Foreclosure

Apparently the Second District Court of Appeals is serious about enforcing and applying the law. Attached here is a reversal of summary judgment that a Manatee County Court entered. The issues warranting appeal were the failure of the Plaintiff to provide the documents that supported the Summary Judgment more than 20 days before the hearing, and the inconsistency between the pleadings and the documents.

It’s fantastic to see the Appellate courts applying the law….this is trickling down and soon summary judgment will be the exception rather than the rule!


  • David Verizzo says:

    Actually, it was a Sarasota County judge that entered the erroneous judgment, but yes, still the same (12th) Judicial Circuit.
    Immediately prior to oral argument, I offered opposing counsel (Law Offices of Marshall C. Watson) the opportunity to confess error, but the offer was laughed at. When the judge who authored this opinion (the Honorable Morris Silberman) asked her – after 10 minutes of difficult questions to her – “If we were to write an opinion affirming the judgment, what would we say? You write it for us.” cousel put her head down and said “Reversed and remended.”
    Although not discussed in the opinion, at oral argument the court (the Honorable James Whatley) expressed consternation that the case had been filed by an entity that didn’t exist at the time of filing (due to merger.) The same judge also commented to the effect that he thought that MERS was a fiction.
    Florida is known for having “hot” courts (courts familiar with the case) for oral argument. This 2nd DCA panel was unbelievably familiar with all of its cases. Their preparedness made me proud of their part in the system.

    • I really am very honored to hear from you. You really are an incredible inspiration, not just for consumers but for attorneys as well. Your case will be widely cited and I will particularly note that were a brilliant pro-se litigant. I average about 1,000 hit a day, many of them from affected consumers who are trying their best. I would really like to post more of your case, such as your appeal in order to inspire additional people. That’s what is so fantastic about this…the ground swell of consumers standing up. I very much admire your effort and want to encourage others…very insightful information about the second DCA experience. Please email me directly with any more information and congratulations…your name will forever be associated with the beginning of the revolution!

    • Mike Wasylik says:

      Mr. Verizzo,

      Congratulations on an excellent, inspiring win. It’s been a good month for those of us within the confines of the 2d DCA.

      Just out of curiosity, have you any legal training?

      Mike Wasylik

    • Daniel P Rock says:

      The pro se litigant is correct, as the panel is usually extremely prepared prior to oral argument. They also recently embarrassed a lawyer who took an extremely untenable position in his appeal. He was intellectually dismembered by Judge Whatley, who blamed the entire mess on the lawyer before him. Since it is not my place here to publicly humiliate him again, I will not mention his name here in public. It was not even a foreclosure case. But I challenge all lawyers to “know their stuff” before appearing before this Appellate Court. While they are not always right (nobody is), I have always found them to be well prepared and unintimidated. Congratulations, Mr. Verizzo, you have helped good lawyers everywhere.

  • ilouie says:

    Can someone please tell me how to get the actual appeals filing of Mr. Verizzo? These cases could all be won or reversed. Here’s me in the early days..

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