Jeffrey A. Backman
Alan G. Kipnis
Arnstein & Lehr Fort Lauderdale Partners Jeffrey A. Backman and Alan G. Kipnis succeeded in obtaining a favorable appellate decision recently for their client, Keybank National Association, in Florida’s District Court of Appeal, Fourth District. A final judgment had been rendered against their client following a hearing on their motion for writ of replevin. The hearing was not noticed for, nor intended to be, a trial or final adjudication on the merits. The parties had a made a jury trial demand, however the trial court concluded that the firm’s client was not entitled to possession of the property and entered a final judgment in favor of the defendant. Mr. Backman and Mr. Kipnis appealed, arguing that their client were deprived of due process and a right to a trial. The Fourth District Court of Appeal agreed and reversed the entry of final judgment.
To read the decision in full, please click here.