Today has been seven years in the making.
Thousands of hearings. Countless arguments throughout Florida. 51 judges who have agreed, many others who have disagreed.
The issue: Is the notice requirement set forth in Fla. Stat. 559.715 a condition precedent in a mortgage foreclosure case?
Today, a 2-1 panel of Florida’s Second District Court of Appeal ruled against me, concluding the statute does not operate as a condition precedent. Here’s a link to the opinion.
Obviously, this ruling is not what I wanted. However, this is not the end of this issue. Far from it. The court is obviously divided, as evidenced by Judge Khouzam’s strong, well-reasoned dissent. Better yet, the Second District certified the question to the Florida Supreme Court as one of great public importance. As a result, so long as the Florida Supreme Court accepts the case (which seems likely), this issue will be decided by Florida’s highest court.
Is Fla. Stat. 559.715 a condition precedent in a mortgage foreclosure case? The battle wages on.
In the meantime, don’t give up, folks. I sure ain’t. And while I can’t guarantee an outcome, one thing I know for sure: when that Oral Argument takes place in Tallahassee, probably late in 2016, nobody in the room will have worked harder on this issue or be more determined than me.