REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Tsao v . Captiva MVP Restaurant Partners , LLC , Case No . 18-14959 ( 11th Cir . 2021 ). In order to have Article III standing , a claimant with hypothetical harm must be subject to harm which is “ certainly impending ” or there is a “ substantial risk ” of such harm , and if not , the claimant cannot impose harm on himself to create standing .
Gulfcoast Spine Institute , LLC v . Walker , Case No . 2d19-4220 ( Fla . 2d DCA 2021 ). A party may not obtain confidential trade secrets and business information of a third party by claiming the prices charged by the third party , which prices are the subject of damages in the main trial , were excessive .
Hunter v . Catalano , Case No . 2D19-2981 ( Fla . 2d DCA 2021 ). The presuit mediation requirements of Florida Statute section 720.311 ( 2 )( a ) apply only to disputes between homeowners and associations and does not apply to disputes between parcel owners or association members .
Hendel v . Internet Escrow Services , Inc ., Case No . 3D19-2148 ( Fla . 3d DCA 2021 ). Claims for fraud in the inducement and for declaratory judgment generally do not overcome the mandatory forum selection clause contained in an internet clickwrap agreement .
F . H . Paschen v . B & B Site Development , Inc ., Case No . 4D19-3839 ( Fla . 4th DCA 2021 ). The dispute resolution portions of a construction contract , including the provisions that a third party such as an architect has the authority to determine performance under the contract , cannot override the clear terms of the contract .
Boca Center At Military , LLC v . City of Boca Raton , Case No . 4D19-2736 ( Fla . 4th DCA 2021 ). A proposed or speculative land use is not sufficient to bring a property within the dictate of the Bert J . Harris Jr . Private Property Rights Protection Act , Florida Statutes section 70.001 .
In Re : Amendments To The Florida Rules Of Appellate Procedure — 2020 Regular-Cycle Report , Case No . SC20-216 ( Fla . 2021 ). Substantial changes to the Florida Rules of Appellate Procedure , including a new subdivision ( Public Availability of Written Opinions ) that requires courts publish written opinions not covered by Florida Rule of Judicial Administration 2.420 , a requirement that a Notice of Appeal indicate when a motion tolling rendition is pending in the trial court , a change that trial court clerks submit the record on appeal within 60 days , a change that that orders disposing of motions for rehearing are not reviewable separate and apart from a review of a final order , changes that notice be provided to the Attorney General in cases where the constitutionality of a state statute or constitutional provision is challenged , that an attorney of record for a party in an appeal or original proceeding shall be the attorney of record unless at the time of appearance , the attorney files a notice specifically limiting the attorney ’ s appearance only to a particular matter or portion of the proceeding in which the attorney appears , and a new role setting forth limited representation .
Dodd Chiropractic Clinic , P . A . v . USAA Casualty Insurance Company , Case No . 1D21-0220 ( Fla . 1st DCA 2021 ). The amendments to Florida Statute 26.012 took jurisdiction away from circuit courts to hear extraordinary writs as well as appeals .
Commissioner Joe Carollo v . Platinum Advisors , LLC , No . 3D20-576 ( Fla . 3d DCA 2021 ). Unless undertaken in bad faith or with malicious purpose and so long as he does not participate in the process or the vote , an elected official may comment on a land use application of a former client .
CFLB Management , LLC v . Diamond Blue International , Inc ., Case No . 3D20-1034 ( Fla . 3d DCA 2016 ). Upon reversal of a merits judgment , Florida Rule of Civil Procedure 1.540 ( b )( 5 ) provides the trial court with jurisdiction to revisit a fees judgment based on the reversed judgment .
Krol v . FCA US , LLC , Case No . SC19-952 ( Fla . 2021 ). The Federal Trade Commission ’ s “ single document rule ,” promulgated under the MagnusonMoss Warranty Act , does not require the disclosure of a binding arbitration agreement .
Salazar v . Gomez , Case No . 3D19-1448 ( Fla . 3d DCA 2021 ). A claim of fraud upon the court cannot be made upon issues that were argued to and decided adversely by a jury .
Valencia PennyMac Holdings , LLC , Case No . PBCBA BAR BULLETIN 28
3D20-1727 ( Fla . 3d DCA 2021 ). Certiorari does not lie from a court order prohibiting a litigant from “ disseminating , publishing , distributing , or using the records ( written , audio , and visual ) of [ opposing party ’ s corporate ] representative outside of this litigation ” unless petitioner can show irreparable harm .
Samara Tenet Florida Physician Services , LLC , Case No . 3D21-0240 ( Fla . 3d DCA 2021 ). Motions for rehearing are not authorized for non-final orders , and accordingly , do not toll rendition nor the time for filing an appeal .
Reynolds v . Behrman Capital IV L . P , Case No . 19-13537 ( 11th Cir . 2021 ). The Doctrine of Derivative Jurisdiction prevents the post-removal use of Bankruptcy Rule 7004 ( d ) to establish personal jurisdiction over the defendants in removed cases in which the state court lacked personal jurisdiction over the defendants .
SVI Trust Williams Walk Condominium Association , Inc ., Case No . 1D18-3729 ( Fla . 1st DCA 2021 ). A trial court may not enter summary judgment for foreclosure of an condominium assessment lien when there is disputed testimony as to whether a representative of the condominium association fraudulently induced the owner to purchase the units by misrepresenting that there were no outstanding assessments on the unit .
5F , LLC v . Hawthorne , Case No . 2D19-2574 ( Fla . 2d DCA 2021 ). Riparian owners have a common law right to construct a dock over privately owned submerged land adjacent to their upland property and out to navigable water without the consent of the owner of the submerged land .
The School Board of Miami-Dade County , Florida v . The City of Miami Beach , Florida , Case No . 3D20-1128 ( Fla . 3d DCA 2021 ). A school board is immune under sovereign immunity from being forced to pay municipal stormwater drainage fees .
Massey Services , Inc . v . Sanders , Case No . 5D19-3116 ( Fla . 5th DCA 2021 ). Responding to inquiries from co-workers and his soon to be former employer as to where he was going to be employed does not constitute “ solicitation ” in violation of Florida Statute section 542.335 .