REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Taso Group , LLC v . Gould , Case No . 3D21- 2271 ( Fla . 3d DCA 2023 ). A trial court cannot enter judgment in a garnishment proceeding that includes liability for post-judgment interest as doing so exceeds the trial court ’ s jurisdictional authority over the property granted to the court by the garnishment statute .
Sutton v . Wilmington Trust , N . A ., Case No . 3D22-1274 ( Fla . 3d DCA 2023 ). A trial court may relieve a party from the consequences of a foreclosure sale on the basis of mutual mistake .
Storey Mountain , LLC v . George , Case No . 4D22-1408 ( Fla . 4th DCA 2023 ). Florida Statute section 655.79 ( 1 ) allows married couples to disclaim entireties ownership designation for bank accounts in any written document specifically incorporated by reference into the signature card signed by the depositors upon the opening of the account .
2367 ( Fla . 3d DCA 2023 ). The use of different language in different contractual provisions of a contract strongly implies that a different meaning was intended .
United States Aviation Underwriters , Inc . v . Turnberry Airport Holdings , LLC , Case No . 3D22-270 ( Fla . 3d DCA 2023 ). Anti-subrogation provisions in commercial leases in which the landlord and the tenant agree to waive any claim against each other are , in effect , agreements that each party will purchase its own insurance to protect its own interest , and such antisubrogation provisions are enforceable against an insurer seeking subrogation for a casualty .
Ron v . Parrado , Case No . 3D22-602 ( Fla 2d DCA 2023 ). A party may compel arbitration of an agreement which does not contain an arbitration clause if the agreement sought to be enforced through arbitration incorporates a different agreement which does contain an arbitration provision .
Maddox v . Maddox , Case Nos . 2D21-517 and 2D21-521 ( Fla . 2d DCA 2023 ). The assets of a third party company cannot be adjudicated during divorce proceedings unless the company is made a party to the proceedings and has the opportunity to participate with regard to its assets .
Oana v . Solomon , Case No . 2D22-772 ( Fla . 2d DCA 2023 ). An appellate court has non-final jurisdiction under Florida Rule of Appellate Procedure 9.130 ( a )( 3 )( C )( ii ) to review an arbitration award approving a receiver ’ s sale of real property even if the award has not been confirmed , i . e ., the final judgment confirming the award has not been rendered .
AFP 103 Corp . v . Common Wealth Trust Services , LLC , Case No . 3D21-2117 ( Fla . 3d DCA 2023 ). A landowner cannot , while being owner of both a dominant and servient estate , grant an easement to oneself in their own property .
Pershing Industries , Inc . v . StoneMor Florida Subsidiary , LLC , Case No . 3D21-
Adam Rabin arabin @ rkjlawgroup . com
Complex Business Litigation l Whistleblower / Qui Tam Litigation Securities Arbitration l
Christopher Kammerer ckammerer @ rkjlawgroup . com
561.659.7878 Centurion Tower , 1601 Forum Place , Suite 201 , West Palm Beach , FL 33401 www . RKJlawgroup . com
Lauren Johnson ljohnson @ rkjlawgroup . com
Havan Clark hclark @ rkjlawgroup . com
Referral fees paid consistent with Florida Bar Rules
PBCBA BAR BULLETIN 23