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Third, and this was a kind of slap in the face by the 11th Circuit, was that the opinion was based upon a 1989 case, Matter of Folendore, and the Court explained that the Dewsnup case did not abrogate or overrule their precedent in Matter of Folendore, and therefore, Matter of Folendore was still good law. [read post]
Third, and this was a kind of slap in the face by the 11th Circuit, was that the opinion was based upon a 1989 case, Matter of Folendore, and the Court explained that the Dewsnup case did not abrogate or overrule their precedent in Matter of Folendore, and therefore, Matter of Folendore was still good law. [read post]
20 May 2012, 12:00 pm
Twenty-three years earlier, the Court of Appeals had reached this conclusion in Matter of Folendore, 862 F.2d 1537 (11th Cir. 1989), and the present court reasoned that the decision in Folendore survived the Supreme Court's decision in Dewsnup v. [read post]
2 Jun 2012, 12:00 pm
Twenty-three years earlier, the Court of Appeals had reached this conclusion in Matter of Folendore, 862 F.2d 1537 (11th Cir. 1989), and the present court reasoned that the decision in Folendore survived the Supreme Court's decision in Dewsnup v. [read post]
11 Apr 2014, 7:41 am
§506(d), and relied on its own, pre-Dewsnup 1989 decision, Folendore v. [read post]