It’s not enough for a company on the wrong end of a lawsuit to forward the matter to a compliance officer without following up, according to the Fourth District Court of Appeal, which revived a $43,000 judgment Wednesday against New York-based mortgage lender Franklin First Financial Ltd. for doing just that.

Broward Circuit Judge Sandra Perlman had vacated the judgment, based on testimony from the company’s chief financial officer. But that was a gross abuse of discretion, according to the appellate panel, because the defendant couldn’t prove what happened to the complaint, or whether it even made it to the intended person.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]