Focht v. Wells Fargo Bank, N.A.: Motion for Rehearing
By Mark Stopa
I’m very surprised to see the Second District – which has always, in my view, been fair and even-handed in the foreclosure context – propose to change established law for the sake of expediency. I’m particularly surprised to see it do so without mentioning stare decisis, any case law about the circumstances in which the law is changed for expediency’s sake, Fla. Stat. 702.015, or Rule 1.110(b). As a result, though I was not counsel up until this point, I’m pleased to file this Motion for Rehearing in the Second District.
Copy of the motion below…