REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Department of Agriculture Rural Development Rural Housing Service v .
Kirtz , Case No . ( 2024 ). A consumer may sue a federal agency for violating the Fair Credit Reporting Act .
American Coastal Insurance Company v . San Marco Villas Condominium Association ,
Inc ., Case No . SC2021-0883 ( Fla . 2024 ). A court can compel an insurance appraisal even if coverage issue remain outstanding .
Q . G . S . Development , Inc . v . National Lining Systems , Inc ., Case No . 3D22-699 ( Fla . 3d DCA 2024 ). The factual findings of a trial judge in a bench trial are entitled to the weight of a jury verdict .
Selz v . McKagen , Case 4D2023-0099 ( Fla . 4th DCA 2024 ). Pleading punitive damages requires a plaintiff demonstrate specific intent by the defendant , i . e ., requires plaintiff to show more than the defendant “ knew or should have known ” of the wrongfulness of their conduct .
City of Delray Beach v . DeLeonibus , Case No . 4D2023-012 ( Fla . 4th DCA 2024 ). Equitable estoppel cannot compel local government to abide by a building permit it issued when the government official had no authority to issue the permit , i . e ., the permit was void when issued .
Dozier v . Scruggs , Case No . 5D23-0594 ( Fla . 5th DCA 2024 ). A mediated settlement agreement which requires one party to provide an easement is enforceable even if the settlement agreement does not contain a timeframe to provide the easement .
Xiang v . Ocala Heart Clinic II , LLC , Case No . 5D23-1402 ( Fla . 5th DCA 2024 ). A party may be the prevailing party for purposes of attorney ’ s fees even if it fails to prove damages , i . e ., fails to prevail , on its breach of contract claim .
Loanflight Lending , LLC v . Bankrate , LLC , Case No . 2D22-3394 ( Fla . 2d DCA 2024 ). A forum selection clause must be agreed to by the parties , and an evidentiary hearing is required if a party raises a colorable claim that it did not assent to the agreement .
Vindel v . Stewart , Case No . 3D22-757 ( Fla . 3d DCA 2024 ). Certification of business records of a foreign bank account under Florida Statute section 90.803 ( 6 ) must meet the evidentiary requirements of section 90.803 ( 11 ) and state that the records were made at or near the time of the occurrence of the matters set forth , by or from information transmitted by , a person having knowledge of those matters and that the records were kept in the course of the regularly conducted activity and were made as a regular practice in the course of the regularly conducted activity .
Arrow Property Insurance Adjusters , Inc . v . People ' s Trust Insurance Company , Case No . 3D22-2162 ( Fla . 3d DCA 2024 ). Parol evidence may be used to interpret an ambiguous contract only when the ambiguity exists on the face of the contract .
Curtis v . The City of Hollywood , Case No . 4D2022-3166 ( Fla . 4th DCA 2024 ). Florida Statute section 163.360 ( 7 )( a ) requires local government to provide relocation assistance to tenants displaced by redevelopment but does not require evidentiary hearings and the gathering of testimony to determine the adequacy of the assistance .
Presidio , Inc . v . Feeny , Case No . 4D2023- 0045 ( Fla . 4th DCA 2024 ). Even if there is a schedule to determine the bonus , an incentive program under an employment contract is discretionary if the bonus program is not part of the employment agreement .
Haskell v . PCP Group , LLC , Case No . 2D22- 180 ( Fla . 2d DCA 2024 ). The following provision in an operating agreement applies only when a member attempts to transfer ownership and not when a divorce court deems one spouse the owner of membership units :
PBCBA BAR BULLETIN 23
( e ) Divorce . The attempt by a Member or his or her spouse . . . to Transfer any Units . . . pursuant to any court order issued or court ordered property settlement agreement entered into in connection with , a suit for dissolution of marriage , legal separation or any similar status .
Darst v . West Coast Group Enterprises , LLC , Case No . 2D22-2455 ( Fla . 2d DCA 2024 ). A trustee may not appear pro se for a trust . Desbrunes v . US Bank National Association , Case No . 4D2022-264 ( Fla . 4th DCA 2024 ). If a defendant borrower dies during the pendency of foreclosure case , Florida Rule of Civil Procedure 1.260 requires the plaintiff open an estate and substitute the personal representative in place of the deceased borrower .
Ningbo Daye Garden Machinery Co ., Ltd . International Global Resources Corp ., Case No . 4D2023-0803 ( Fla . 4th DCA 2024 ). The following is a choice of law provision and not a forum selection clause : “ The within Agreement shall be governed by the laws of the State of Florida , Martin County . In the event that an action arises by virtue of this agreement , the prevailing party will be entitled to reimbursement of all reasonable attorney fees and costs incurred in such action .”
Yatak v . La Placita Grocery of Fort Pierce
Corp ., Case No . 4D2023-1102 ( Fla . 4th DCA 2024 ) Unless there is a duty to disclose under a fiduciary or other trust or confidence relationship , intentional concealment or nondisclosure of known material facts in a commercial real estate transaction is not actionable .
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