Kelley Kronenberg Partner Danielle Spradley secured a per curiam affirmance before Florida’s Sixth District Court of Appeal in a foreclosure matter, successfully defending a final judgment against a challenge brought by a pro se borrower. 

The borrower had previously been represented by counsel at a hearing on the plaintiff’s motion for summary judgment, during which his attorney consented to the entry of a final judgment. The borrower subsequently filed a motion for rehearing, claiming he had not authorized his attorney to consent on his behalf. After failing to present any evidence at the evidentiary hearing on that motion, the trial Court denied it, and the borrower appealed. 

On appeal, the borrower attempted to raise new arguments, including challenges to the plaintiff’s standing, claims that the mortgage had been discharged in bankruptcy, and objections to the admission of business records at the hearing on Plaintiff’s Motion for Summary Judgment. Danielle successfully argued that because these issues were not raised in the borrower’s motion for rehearing, they were waived and outside the scope of the appeal. The Court of Appeal agreed, finding the trial Court did not err in denying the motion for rehearing and affirming the final judgment without comment. 

The Court also granted Danielle’s motion for attorney’s fees on appeal. 

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