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Old Republic Insurance Co. v. Lee
Citation:507 So. 2d 754 (Fla. Dist. Ct. App. 1987)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Appellant, Old Republic Insurance Co., appeals an order granting a motion to reinstate a mortgage. The promissory note that the second mortgage at issue secured provided for monthly payments of $387.85 each. On April 29, 1986, Old Republic declared the note in default because appellees, the Lees, had not made the payments. The Lees were notified that the mortgage was being declared in default and the unpaid principal balance was being accelerated. On May 16, William Lee sent Old Republic a certified check for the payments due. Old Republic returned the check and filed suit to foreclose. Lee filed a motion to reinstate the mortgage on the basis that the Lee had tendered payment and that the property was not for sale and Old Republic would be paid from the proceeds.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
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