KERRY D. CLARK, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Unrue v. Wells Fargo Bank, N.A., 161 So. 3d 536 (Fla. 5th DCA 2014)
  …d be unable to amend the complaint “to make the note and mortgage go away.” This appeal ensued. This court has recently affirmed an order dismissing a quiet title action with prejudice in similar circumstances. See Badgley v. Suntrust Mortg., Inc., 134 So. 3d 559, 561 (Fla. 5th DCA 2014). In Badgley, we concluded that a quiet title action based upon the theory that the lenders created a cloud on the title by refusing to respond to an “absurd demand” of them to “ ‘prove’ ” that Badgley owed them money was fri…
• Pronman v. Styles, 163 So. 3d 535 (Fla. 4th DCA 2015)
  …P. Bockstein, knew or should have known this to be the case at the time the defense was raised.” Thus, the trial court’s order complies with the plain direction provided in the current version of section 57.105. See Badgley v. Suntrust Mortg., Inc., 134 So. 3d 559, 561 (Fla. 5th DCA 2014) (affirming trial court’s award of 57.105 fees against a plaintiff and her attorney based on the court’s findings that the plaintiff and her attorney knew or should have known the claim was not supported by the material facts…
• Schwades v. America's Wholesale Lender, 146 So. 3d 150 (Fla. 5th DCA 2014)
  …The basis of the action (i.e., that the appellee banks waived all rights secured by the note and mortgage by failing to respond to the Appellant’s demand that they prove the debt), was essentially the same as that in Badgley v. Suntrust Mortg. Inc., 134 So. 3d 559 (Fla. 5th DCA 2014); Badgley involved the same appellate attorney as here, Kelley Bosecker. In Badgley, we affirmed the trial court’s dismissal order and ordered the appellant and Bosecker to pay Sun-Bank section 57.105(1), Florida Statutes, [*151]…