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BAC HOME LOANS SERVICING, INC. v. HEADLEY

No. 3D12-1560.

130 So.3d 703 (2013)

BAC HOME LOANS SERVICING, INC., etc., Appellant, v. Mary Gamarra de HEADLEY and Todd Headley, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 13, 2014.

Attorney(s) appearing for the Case

McGuire Woods LLP, and R. Eric Bilik , Jeffrey S. York , Sarah F. Holladay-Tobias and Emily Y. Rottmann , Jacksonville, for appellant.

Bruce Jacobs & Associates, P.A., and Bruce Jacobs ; Orshan, Lithman, Seiden, Ramos, Hatton, Huesmann & Fajardo, LLP, and Robert P. Lithman , Coral Gables , for appellees.

Before ROTHENBERG, FERNANDEZ and LOGUE, JJ.

ROTHENBERG, J.

"A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer"; or "(4) offer evidence that the lawyer knows to be false...." R. Regulating Fla. Bar 4-3.3(a)(1), (4). Despite the clear and unambiguous directive of Rule 4-3.3(a), counsel representing the defendants, Mary Gamarra de Headley and Todd Headley ("the Headleys...

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