REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Walters v . Fast AC , LLC , Case No . 21-13879 ( 11th Cir . 2023 ). An aggrieved party has standing to claim a violation of the Truth in Lending Act against a defendant lender when the thirdparty violator of the Act was the agent of the lender .
GSE Consulting , Inc . v . L3Harris Technologies ,
Inc ., Case No . 22-10647 ( 11th Cir . 2023 ). A reverse triangular merger does not constitute a “ merger ” for purposes of monies due under a consulting agreement .
Esteva v . UBS Financial Services Inc . ( In Re :
Esteva ), Case No . 21-13580 ( 11th Cir . 2023 ). A district court has jurisdiction and discretion to review interlocutory judgments and orders of a bankruptcy court , but a court of appeals has appellate review jurisdiction only over final judgments and orders entered by the district court .
TR Investor , LLC v . Manatee County , Case No . 2D21-2061 ( Fla . 2d DCA 2023 ). Wetlands buffers imposed by local government regulations are neither exactions nor takings in violation of the Constitution .
Home Performance Alliance , Inc . v Better Business Bureau of West Florida , Inc ., Case Nos . 2D21-2785 and 2D22-485 ( Fla . 2d DCA 2023 ). Due to the rating being an opinion , a party aggrieved by a poor rating by the Better Business Bureau has no cause of action for tortious interference , trade libel , libel per se , defamation , and for injunctive and declaratory relief , but if false statements were made , may have a claim under Florida ’ s Deceptive and Unfair Trade Practices Act .
King v . Roorda , Case No . 2D22-678 ( Fla . 2d DCA 2023 ). An owner cannot grant an easement over their own property , and accordingly , neighbors are not permitted to use such an easement .
The Residences at the Bath Club Condominium Association , Inc . v . Bath Club Entertainment , LLC , Case No . 3D21-
933 ( Fla . 3d DCA 2023 ). A settlement agreement which provides a party with property rights of upland property controls over a conflicting survey .
Omni Healthcare , Inc . v North Brevard County Hospital District , Case No . 5D22- 786 ( Fla . 5th DCA 2023 ). A motion to disburse rents from the court registry is a non-final order , and accordingly , the date of rendition of such an order for appellate purposes is not tolled by a motion for rehearing .
Schmidt v . JJJTB , Inc ., Case Nos . 2D21-1213 and 2D21-2752 ( Fla . 2d DCA 2023 ). The Second District holds that parties cannot stipulate to “ case jurisdiction ,” i . e ., procedural and continuing jurisdiction over a case ; conflict certified with Fourth District decision of MCR Funding v . CMG Funding Corp ., 771 So . 2d 32 , 35 ( Fla . 4th DCA 2000 ).
G & G In-Between Bridge Club Corporation v . Palm Plaza Associates , Ltd ., Case No . 2D21-3402 ( Fla . 2d DCA 2023 ). A landlord cannot change parking arrangements if doing so deprives a tenant of sufficient parking , even if the tenant had the opportunity to negotiate for specific parking rights and failed to do so and even if the tenant ’ s parking rights are subject to a “ reasonable ” right to change parking by the landlord .
Quest Systems , LLC v . Far , Case No . 2D22- 1545 ( Fla . 2d DCA 2023 ). A Motion to Vacate a Foreclosure Sale can only be directed to the conduct of the sale , and a third-party bidder ’ s lack of knowledge of a superior mortgage on the property bought at foreclosure sale is not a basis to vacate the sale .
Testa v . Town of Jupiter Island , Case No . 4D22-432 ( Fla . 4th DCA 2023 ). Subject to affirmative defenses and despite the actual date of adoption being more than 10 days from publication , the failure of a municipality to strictly comply with Florida Statute section 166.041 ( 3 )( a ) invalidates the adopted ordinance . Shamieh v . HCB Financial Corp ., Case No .
1D21-1821 ( Fla . 1st DCA 2023 ). Florida ’ s Uniform Contribution Among Tortfeasors Act , Florida Statute section 768.31 , does not apply to non-tort actions .
Kapila v . RJPT , Ltd ., Case No . 2D22-837 ( Fla . 2d DCA 2023 ). Even if it was a “ passive investor ” that neither managed nor operated a Florida business , buying and selling membership interests seventeen times and receiving distributions in the eight figures is sufficiently a “ business venture ” for a foreign entity to be subject to jurisdiction under Florida Statute section 48.193 .
Overture Realty , LLC v . City of Madeira
Beach , Case No . 2D21-2199 ( Fla . 2d DCA 2023 ). An expedited final judgment of foreclosure cannot be entered Florida Statute section 703.10 if the answer raises genuine issues of material fact .
Risman v . Seaside Villas Condominium Association , Inc . ( Fisher Island ), Case No . 3D21-1963 ( Fla . 3d DCA 2023 ). The following provision of a condominium declaration permits the Board of Directors to exercise its discretion and permit the destruction of a condominium building , sale of the parcel to a buyer with intention to build a single family home in place of the condominium building , and the grant of a 99 year lease in the condominium common elements :
Interpretation . The Board of Directors of the Association shall be responsible for interpreting the provisions hereof and of any of the Exhibits attached hereto . Such interpretation shall be binding upon all parties unless wholly unreasonable . An opinion of legal counsel that any interpretation adopted by the Association is not unreasonable shall conclusively establish the validity of such interpretation .
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PBCBA BAR BULLETIN 22