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Law Offices of Evan M. Rosen, P.A. Wins Foreclosure Case on Appeal

We lost a trial in January of 2015 even though I thought we had a very clear winnable issue based on the “best evidence rule.” This rule is a fairly small body of law but it seems many lawyers and judges struggle to fully comprehend what it means and how it gets applied. In this case, the trial judge gave us ample time and consideration to make our argument. However, he ultimately did not agree with our position and entered final judgment against our clients. We appealed and the Fourth District Court of Appeal of Florida agreed with us. JUDGMENT REVERSED! CASE DISMISSED!

4th DCA Opinion Reversing Final Judgment & Remanding for Entry of Involuntary Dismissal

Trial Transcript

Our Initial Brief

Bank’s Answer Brief

Our Reply Brief

Winning on appeal after losing in trial is a special experience. We are grateful to our wonderful team, who helped make this possible, and to our wonderful clients, who always wholeheartedly believed in us!

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