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	<title>
	Comments on: FL 2nd DCA: Focht v. Wells Fargo Bank, N.A. &#8211; Foreclosure Judgment Reversed Based on Genuine Issue of Material Fact of Wells Fargo&#8217; s Standing	</title>
	<atom:link href="https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/feed/" rel="self" type="application/rss+xml" />
	<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/</link>
	<description>- Fighting Foreclosure Fraud BY SHARING THE KNOWLEDGE</description>
	<lastBuildDate>Tue, 01 Oct 2013 22:05:11 +0000</lastBuildDate>
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		<title>
		By: Mark Bowen		</title>
		<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423619</link>

		<dc:creator><![CDATA[Mark Bowen]]></dc:creator>
		<pubDate>Tue, 01 Oct 2013 22:05:11 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=60568#comment-423619</guid>

					<description><![CDATA[A friend said to me recently:

&quot;I&#039;m Focht, you&#039;re Focht, we&#039;re all Focht!&quot;.]]></description>
			<content:encoded><![CDATA[<p>A friend said to me recently:</p>
<p>&#8220;I&#8217;m Focht, you&#8217;re Focht, we&#8217;re all Focht!&#8221;.</p>
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		<title>
		By: Christopher King (@KingCast)		</title>
		<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423569</link>

		<dc:creator><![CDATA[Christopher King (@KingCast)]]></dc:creator>
		<pubDate>Tue, 01 Oct 2013 17:24:15 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=60568#comment-423569</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423096&quot;&gt;John Lewis&lt;/a&gt;.

Correct, it is like a demurrer or 12(b)(6).]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423096">John Lewis</a>.</p>
<p>Correct, it is like a demurrer or 12(b)(6).</p>
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		<title>
		By: Incognito123		</title>
		<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423361</link>

		<dc:creator><![CDATA[Incognito123]]></dc:creator>
		<pubDate>Sun, 29 Sep 2013 17:09:34 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=60568#comment-423361</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423185&quot;&gt;Mark Bowen&lt;/a&gt;.

I don&#039;t think I could have said it any better had I tried!!!]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423185">Mark Bowen</a>.</p>
<p>I don&#8217;t think I could have said it any better had I tried!!!</p>
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		<title>
		By: Wolverine		</title>
		<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423197</link>

		<dc:creator><![CDATA[Wolverine]]></dc:creator>
		<pubDate>Fri, 27 Sep 2013 02:47:02 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=60568#comment-423197</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423185&quot;&gt;Mark Bowen&lt;/a&gt;.

Great comment Mark Bowen 
The courts are nothing more than a collection agency for the Banksters, just like the IRS.
The foreclosure victims should be infuriated by the behavior of these dishonorable judges and purported attorneys that run this treasonous crime factory. THESE are the people that must be brought to justice. When we grow a pair and start arresting them...only then, will we start the change. They are no different than the people they incarcerate every day in criminal forums. They have failed to uphold their oath. They have broken the law. Worse, they have destroyed families and marriges.They are guilty, PERIOD. I don&#039;t care who gave the order. They need to taste their own medicine. the world will be a better place. Wake up people!
Tyranny is upon us.

Victim 634,949]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423185">Mark Bowen</a>.</p>
<p>Great comment Mark Bowen<br />
The courts are nothing more than a collection agency for the Banksters, just like the IRS.<br />
The foreclosure victims should be infuriated by the behavior of these dishonorable judges and purported attorneys that run this treasonous crime factory. THESE are the people that must be brought to justice. When we grow a pair and start arresting them&#8230;only then, will we start the change. They are no different than the people they incarcerate every day in criminal forums. They have failed to uphold their oath. They have broken the law. Worse, they have destroyed families and marriges.They are guilty, PERIOD. I don&#8217;t care who gave the order. They need to taste their own medicine. the world will be a better place. Wake up people!<br />
Tyranny is upon us.</p>
<p>Victim 634,949</p>
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		<title>
		By: Mark Bowen		</title>
		<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423185</link>

		<dc:creator><![CDATA[Mark Bowen]]></dc:creator>
		<pubDate>Fri, 27 Sep 2013 00:55:34 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=60568#comment-423185</guid>

					<description><![CDATA[Effective January 1, 2011, the Florida Supreme Court amended rule 1.420(a)(1) to allow &quot;a claim, or any part of an action or claim,&quot; rather than just an &quot;action,&quot; to be voluntarily dismissed.
Plaintiff &quot;Bank&#039;s&quot; violated that original rule many thousands of times throughout the state prior to that amendment (to avoid having to amend the Initial Pleadings and pushing Summary Judgments that the courts were all too eager to grant). Did &quot;the Court&quot; sanction even one? Not to my knowledge; all in a day&#039;s work. After all, those senior judges who are not beholden in any way to the people in the state by virtue of their retirement status and lack of reelection constraints do whatever their Supreme Court Masters tell them to do.

Then on May 9, 2013, in response to the claim by petition filed in IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.490, which stated &quot;a significant number of mortgage foreclosure cases are pending in Florida&#039;s trial courts and it is estimated that 680,000 foreclosure cases will be filed over the next three years&quot;, the Supreme Court of Florida amended 1.490(c) to almost exactly mirror what the 20th Judicial Circuit Court in Lee County had been doing for years. The rule originally provided that &quot;No reference shall be to a magistrate without the consent of parties.&quot; Of course, this meant that the court needed prior consent from the parties to hand the case over to an attorney appointed as magistrate to conduct certain types of hearings including Summary Judgment hearings where in most cases those magistrates would recommend a judge enter a Final Order of Judgment in favor of whatever corporate person was trying to steal someone&#039;s home.
 
That Court intentionally violated that rule thousands of times to the extreme prejudice of those &quot;deadbeat borrowers&quot; who are made to feel like criminals as soon as they would enter the (civil?) Rocket Docket courtroom controlled by usually no fewer than four or five heavily armed Sheriff&#039;s deputies (scare tactics anyone?). 

But the Court, in its benevolence did allow for an objection to be made by those few defendants that understood what was going on, only to discover that when the magistrate admitted on the record that he/she had no jurisdiction, proceeded to take just enough jurisdiction to hand the case to one of those senior judges who never had any difficulty entering orders even in the face of such overt and abject tyranny and obvious biased oligarchical corruption. Courts throughout the state violated that rule tens of thousands of times, and so, in an attempt to heal that open wound, the Supreme Court amended the rule and swept it all under the rug.

Now we find ourselves once again staring down the barrel of a fabricated crisis where these public servant’s think it’s again acceptable to amend the rules of civil procedure to ensure that these new financial weapons of mass destruction (aka mortgage backed securities and their subsequent unregulated derivative products) continue to wreak havoc on our global economies, designed to benefit only the elites. The rest of us can go screw ourselves into oblivion.

Mark my words, this is another con job. The Supreme Court Chief Commander, God of the Judiciary probably asked for this question to be certified. The end result will just be another response to a foreclosure crisis that could have been averted from the beginning if these judicial officers would have adjudicated the tens (hundreds?) of thousands of cases in this state that came before them in the past six years, in accordance with the law rather than choosing instead to appease their corporate masters. Courts of &quot;equity&quot;, my arse.

My advice: DISBAR THE FLORIDA BAR]]></description>
			<content:encoded><![CDATA[<p>Effective January 1, 2011, the Florida Supreme Court amended rule 1.420(a)(1) to allow &#8220;a claim, or any part of an action or claim,&#8221; rather than just an &#8220;action,&#8221; to be voluntarily dismissed.<br />
Plaintiff &#8220;Bank&#8217;s&#8221; violated that original rule many thousands of times throughout the state prior to that amendment (to avoid having to amend the Initial Pleadings and pushing Summary Judgments that the courts were all too eager to grant). Did &#8220;the Court&#8221; sanction even one? Not to my knowledge; all in a day&#8217;s work. After all, those senior judges who are not beholden in any way to the people in the state by virtue of their retirement status and lack of reelection constraints do whatever their Supreme Court Masters tell them to do.</p>
<p>Then on May 9, 2013, in response to the claim by petition filed in IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.490, which stated &#8220;a significant number of mortgage foreclosure cases are pending in Florida&#8217;s trial courts and it is estimated that 680,000 foreclosure cases will be filed over the next three years&#8221;, the Supreme Court of Florida amended 1.490(c) to almost exactly mirror what the 20th Judicial Circuit Court in Lee County had been doing for years. The rule originally provided that &#8220;No reference shall be to a magistrate without the consent of parties.&#8221; Of course, this meant that the court needed prior consent from the parties to hand the case over to an attorney appointed as magistrate to conduct certain types of hearings including Summary Judgment hearings where in most cases those magistrates would recommend a judge enter a Final Order of Judgment in favor of whatever corporate person was trying to steal someone&#8217;s home.</p>
<p>That Court intentionally violated that rule thousands of times to the extreme prejudice of those &#8220;deadbeat borrowers&#8221; who are made to feel like criminals as soon as they would enter the (civil?) Rocket Docket courtroom controlled by usually no fewer than four or five heavily armed Sheriff&#8217;s deputies (scare tactics anyone?). </p>
<p>But the Court, in its benevolence did allow for an objection to be made by those few defendants that understood what was going on, only to discover that when the magistrate admitted on the record that he/she had no jurisdiction, proceeded to take just enough jurisdiction to hand the case to one of those senior judges who never had any difficulty entering orders even in the face of such overt and abject tyranny and obvious biased oligarchical corruption. Courts throughout the state violated that rule tens of thousands of times, and so, in an attempt to heal that open wound, the Supreme Court amended the rule and swept it all under the rug.</p>
<p>Now we find ourselves once again staring down the barrel of a fabricated crisis where these public servant’s think it’s again acceptable to amend the rules of civil procedure to ensure that these new financial weapons of mass destruction (aka mortgage backed securities and their subsequent unregulated derivative products) continue to wreak havoc on our global economies, designed to benefit only the elites. The rest of us can go screw ourselves into oblivion.</p>
<p>Mark my words, this is another con job. The Supreme Court Chief Commander, God of the Judiciary probably asked for this question to be certified. The end result will just be another response to a foreclosure crisis that could have been averted from the beginning if these judicial officers would have adjudicated the tens (hundreds?) of thousands of cases in this state that came before them in the past six years, in accordance with the law rather than choosing instead to appease their corporate masters. Courts of &#8220;equity&#8221;, my arse.</p>
<p>My advice: DISBAR THE FLORIDA BAR</p>
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		<title>
		By: John Lewis		</title>
		<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423102</link>

		<dc:creator><![CDATA[John Lewis]]></dc:creator>
		<pubDate>Thu, 26 Sep 2013 14:02:26 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=60568#comment-423102</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423096&quot;&gt;John Lewis&lt;/a&gt;.

I tried to paste wording from the most recent Ohio case, please note that this case cites florida case law to justify its holding, --- FHLMC v Schwartzwald -- note just go to google scholar to pull up the case --- as it is a must read, as it is directly on point, that standing para 18 &quot;..is a jurisdictional requirement ....&quot;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423096">John Lewis</a>.</p>
<p>I tried to paste wording from the most recent Ohio case, please note that this case cites florida case law to justify its holding, &#8212; FHLMC v Schwartzwald &#8212; note just go to google scholar to pull up the case &#8212; as it is a must read, as it is directly on point, that standing para 18 &#8220;..is a jurisdictional requirement &#8230;.&#8221;</p>
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		<title>
		By: j Alonzo		</title>
		<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423098</link>

		<dc:creator><![CDATA[j Alonzo]]></dc:creator>
		<pubDate>Thu, 26 Sep 2013 13:37:25 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=60568#comment-423098</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423032&quot;&gt;BOBBI SWANN&lt;/a&gt;.

We can try, but we have been taken over. Our courts are just like the ones in third world countries. They just dont care. Judges do as they please and work for the banks! The only  ray of light is, if you have a good attorney that will really work your file and not just rubber stamp it along and you catch the banks in fraud and its proven. The bank loving judge has no choice, but to dismiss it, but in most cases the Sheeple are screwed.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423032">BOBBI SWANN</a>.</p>
<p>We can try, but we have been taken over. Our courts are just like the ones in third world countries. They just dont care. Judges do as they please and work for the banks! The only  ray of light is, if you have a good attorney that will really work your file and not just rubber stamp it along and you catch the banks in fraud and its proven. The bank loving judge has no choice, but to dismiss it, but in most cases the Sheeple are screwed.</p>
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		<title>
		By: John Lewis		</title>
		<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423096</link>

		<dc:creator><![CDATA[John Lewis]]></dc:creator>
		<pubDate>Thu, 26 Sep 2013 13:34:47 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=60568#comment-423096</guid>

					<description><![CDATA[First off - Standing is NOT an affirmative defense...it is required to even stand before the Court.....Period!]]></description>
			<content:encoded><![CDATA[<p>First off &#8211; Standing is NOT an affirmative defense&#8230;it is required to even stand before the Court&#8230;..Period!</p>
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		<title>
		By: Laura Petracek		</title>
		<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423049</link>

		<dc:creator><![CDATA[Laura Petracek]]></dc:creator>
		<pubDate>Thu, 26 Sep 2013 07:37:34 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=60568#comment-423049</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-422999&quot;&gt;DAVID CHARLES&lt;/a&gt;.

Dear Attorney Alison,
I live in California, and would appreciate a referral to an attorney. I have been successfully fighting my foreclosure for four years...but now another Court date looms and my attorney doesn&#039;t think we&#039;ll win...e.g.that the Judge will rule we don&#039;t &quot;have legal standing.&quot; 
I think I have a chance of winning if I take this case all the way...
Thank you,
Laura]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-422999">DAVID CHARLES</a>.</p>
<p>Dear Attorney Alison,<br />
I live in California, and would appreciate a referral to an attorney. I have been successfully fighting my foreclosure for four years&#8230;but now another Court date looms and my attorney doesn&#8217;t think we&#8217;ll win&#8230;e.g.that the Judge will rule we don&#8217;t &#8220;have legal standing.&#8221;<br />
I think I have a chance of winning if I take this case all the way&#8230;<br />
Thank you,<br />
Laura</p>
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		<title>
		By: BOBBI SWANN		</title>
		<link>https://4closurefraud.org/2013/09/25/fl-2nd-dca-focht-v-wells-fargo-bank-n-a-foreclosure-judgment-reversed-because-judge-had-to-based-on-genuine-issue-of-material-fact-of-wells-fargo-s-standing/#comment-423032</link>

		<dc:creator><![CDATA[BOBBI SWANN]]></dc:creator>
		<pubDate>Thu, 26 Sep 2013 05:20:17 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=60568#comment-423032</guid>

					<description><![CDATA[Didn&#039;t anybody that read this case understand what those Judges were saying????  The law was okay for the good ole days but it&#039;s not applicable for this century???  WTF???  The law is the law - period.  And we have these so-called judges sitting on benches at the Court of Appeals and the Supreme Court for the state of Florida and they &#039;rant&#039; this shit?  Oh yeah, the judgment was reversed but their little concurrence attached to to the order is mind blowing.  Am I the only Floridian on this forum reading this case and pissed as hell?  Who do these judges think they are that they can just re-write the laws to fit the &#039;times&#039;!  Please join me all other fellow Floridians and let&#039;s just get rid of these flagrant mishaps that abuse the legal system.  It&#039;s time for the courts to have clean hands.]]></description>
			<content:encoded><![CDATA[<p>Didn&#8217;t anybody that read this case understand what those Judges were saying????  The law was okay for the good ole days but it&#8217;s not applicable for this century???  WTF???  The law is the law &#8211; period.  And we have these so-called judges sitting on benches at the Court of Appeals and the Supreme Court for the state of Florida and they &#8216;rant&#8217; this shit?  Oh yeah, the judgment was reversed but their little concurrence attached to to the order is mind blowing.  Am I the only Floridian on this forum reading this case and pissed as hell?  Who do these judges think they are that they can just re-write the laws to fit the &#8216;times&#8217;!  Please join me all other fellow Floridians and let&#8217;s just get rid of these flagrant mishaps that abuse the legal system.  It&#8217;s time for the courts to have clean hands.</p>
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