COLBY A. SMITH, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Peters v. The Bank OF NEW York Mellon, 227 So. 3d 175 (Fla. 2d DCA 2017)
  …0 (Fla. 2d DCA), review denied, No. SC16-300, 2016 WL 1122325 (Fla. Mar. 22, 2016); Nationstar Mortg., LLC v. Summers, 198 So. 3d 1162, 1162 (Fla. 1st DCA 2016) (per curiam affirmance citing Brindise with approval); cf. Bank of Am., N.A. v. Siefker, 201 So. 3d 811, 817-18 (Fla. 4th DCA 2016) (holding that section 559.715 was applicable to the mortgage foreclosure action brought by Bank of America, but that the statute did not operate as a. condition precedent to bringing a mortgage foreclosure action). Ms. Pe…
• Nat'l Collegiate Student Loan Tr. 2007-1 v. Lipari, 224 So. 3d 309 (Fla. 5th DCA 2017)
  …ot do so here. While failure to properly provide a notice may violate the FCCPA in certain circumstances, there is simply no language in the statute to suggest that such a notice is a condition precedent to suit. Accord Bank of Am., N.A. v. Siefker, 201 So. 3d 811 (Fla. 4th DCA 2016) (interpreting the post-2010 version' of section 559.715); Brindise v. U.S. Bank Nat’l Ass’n, 183 So. 3d 1215 (Fla. 2d DCA 2016) (interpreting the post-2010 version of section 559.715).1 In short, it is not for the court to rewrit…
• Latheresa Williams v. Salt Springs Resort Ass'n, Inc., 298 So. 3d 1255 (Fla. 5th DCA 2020)

Authorities Cited

• Baker v. State, 878 So. 2d 1236 (Fla. 2004)