I. THE FACTUAL AND PROCEDURAL BACKGROUND
Christopher Forrest and his law firm represent Peter Y. Morlon and Barbara P. Morlon, who are defendants in the underlying mortgage foreclosure action filed by Deutsche Bank National Trust Company. The original owner of the Morlons' note and mortgage was Ameriquest Mortgage Company. Deutsche Bank apparently acquired the note and mortgage by assignment from Ameriquest.
The Appellants are Mr. Forrest and his law firm. Although named as Appellees, neither the Morlons nor Deutsche Bank have filed a brief in this court. The remaining Appellees are all nonparties to the underlying mortgage foreclosure action. Questions raised by the Morlons about the execution of the assignment of the note and mortgage from Ameriquest to Deutsche Bank explain the involvement of the Appellees in the litigation. Citi Residential Lending, Inc., executed the assignment in question as attorney-in-fact for Ameriquest. Crystal Moore signed and acknowledged the assignment as the vice president of Citi Residential Lending. Vilma Castro and Dhurata Doko witnessed the assignment. Bryan Bly, a notary public, took the acknowledgment of Ms. Moore's signature on the instrument. Nationwide Title Clearing, Inc. (NTC), employs all four of the individual Appellees.
Mr. Forrest sought to take the depositions of the NTC employees, purportedly to discover facts pertinent to the Morlons' defense that the assignment was invalid because it was improperly executed. The Appellees responded by moving for a protective order to prevent the depositions from taking place. Mr. Forrest and the Appellees' attorney were unable to resolve their dispute about the depositions, and the matter was set for a hearing before the circuit court.
Judge(s): Douglas A. Wallace
Jurisdiction: Florida Court of Appeals, Second District
Related Categories: Civil Procedure , Civil Remedies , Communications , Constitutional Law , Finance / Banking
|Trial Court Judge(s)|
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Maria Kayanan||ACLU of Florida|
|Randall Marshall||ACLU of Florida|
|James Green||James K. Green PA|
|Andrea Mogensen||Law Office of Andrea Flynn Mogensen PA|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Kelly Garcia||Akerman Senterfitt LLP|
|Katherine Giddings||Akerman Senterfitt LLP|
|William Heller||Akerman Senterfitt LLP|
|Adina Pollan||Akerman Senterfitt LLP|
|Nancy Wallace||Akerman Senterfitt LLP|
|Barbara Couture||Shapiro & Fishman LLP|