REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Terra Mar Property Management , LLC Wilmington Savings Fund Society , FBS , Case No . 1D21-1484 ( Fla . 1st DCA 2022 ). The First District agrees with the Second and Fourth District Courts of Appeal and holds that failure to pay a mortgage is a continuing default and that a lender is not barred from foreclosing on a mortgage even if the original borrower gave up all rights in the real property during bankruptcy proceedings and the lender did not initiate foreclosure within five years from that time .
Selman v . Progressive American Insurance
Company , Case No . 3D21-0299 ( Fla . 3d DCA 2022 ). A trial court exceeds its jurisdiction when it enters relief beyond that set forth in a settlement agreement , even if the court adopted the settlement agreement and retained jurisdiction to enforce its terms .
8425 Biscayne LLC v . Pinnacle Towers
LLC , Case No . 3D21-0486 ( Fla . 3d DCA 2022 ). A restrictive covenant is different from an easement because a restrictive covenant limits what a landowner may do with their property .
Ridard v . Massa Investment Group , LLC , Case Nos . 3D21-1238 , 3D21-1239 , and 3D21- 1240 ( Fla . 3d DCA 2022 ). The third-party beneficiary doctrine enables a non-contracting party to enforce a contract against a contracting party — not the other way around and not against an agent for a disclosed principal .
DHBH Atlantic L . L . C . v . City of Delray
Beach , Case No . 4D21-852 ( Fla . 4th DCA 2022 ). Two separate owners — holding separate legal title – cannot make a combined claim under the Bert J . Harris Act for their unified interest in platted property .
Soboh v . Hamzeh , Case No . 2D21-407 ( Fla . 2d DCA 2022 ). Service on an individual not operating as a sole proprietor must be made at the individual ' s abode .
New Horizons Condominium Master Association , Inc . v . Harding , Case No . 3D20-1471 ( Fla . 3d DCA 2022 ). The Business Judgment Rule is a rule of substantive law and need not be pleaded as an affirmative defense in order to be invoked as a defense .
Iacono v . Kingsley Arms Apartments , Inc ., Case No . 3D20-1830 ( Fla . 3d DCA 2022 ). Without more , a landowner has no duty under either premises liability or negligence per se to install devices to diminish the possibility of persons attempting to use the landowner ’ s rooftop to attempt suicide .
Callava v . Yon , Case No . 3D21-1376 ( Fla . 3d DCA 2022 ). A real estate sales contract with the following language requires an escrow agent to disburse the deposit to the nonbreaching party : In the event the sale is not closed due to any default or failure on the part of Buyer , Seller may either ( 1 ) retain all deposit ( s ) paid or agreed to be paid by Buyer as agreed upon liquidated damages , consideration for the execution of this Contract , and in full settlement of any claims , upon which this Contract will terminate or ( 2 ) seek specific performance .
SAVE THE DATE
Judicial Reception Tuesday , April 26 5:30 P . M . - 7:30 P . M . Kravis Center 701 Okeechobee Blvd . West Palm Beach 33401
PALMBEACHBAR . ORG 18
UPCOMING PBCBA CLE EVENTS
Tuesday , April 5 th 12:00 P . M . - 1:00 P . M . Live via Zoom The Nuts and Bolts of Filing Confidential Materials in the Court Record : How to Avoid Sanctions and Disciplinary Action
Wednesday , April 6 th 12:00 P . M . - 1:00 P . M . Live via Zoom Digital Footprints : What ' s Available and Discoverable in Collaborative Sources
Wednesday , April 13 th 12:00 P . M . - 2:00 P . M . Embassy Suites WPB
Gender Pay Gap Town Hall with Hilarie Bass
Friday , April 22 nd 12:00 P . M . - 1:00 P . M . Live via Zoom
Update on New Technology in the Courtroom , Including the Digital Evidence Portal
Thursday , April 28 th 12:00 P . M . - 1:00 P . M . Live via Zoom Monthly Review of Recently Issued Appellate Opinions
For more information , please visit : www . palmbeachbar . org / calendar