REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Barat v. Navy Federal Credit Union, Case No. 24-10630( 11th Cir. 2025). https:// media. ca11. uscourts. gov / opinions / pub / files / 202410630. pdf A denial of credit does not violate the Equal Credit Opportunity Act, 15 U. S. C. §§ 1691 – 1691f even if it is factually incorrect; the denial merely has to clearly state the basis for denial so that the applicant can take remedial action.
Glover v. Ocwen Loan Servicing, LLC, Case No. 23-12578( 11th Cir. 2025). https:// media. ca11. uscourts. gov / opinions / pub / files / 202312578. pdf Charging consumers additional fees for making expedited mortgage payments online or by phone violates the Fair Debt Collection Practices Act.
In Re: Amendments To Florida Rules of Civil Procedure, Case No. SC2024-0774( Fla. 2025). Florida Rules of Civil Procedure 1.070, 1.410, and 1.550 are amended to remove the word praecipe and other overly formal technical legal terminology, Rule 1.730 is amended to delete the requirement that counsel for each party must sign a court ordered mediation agreement and to allow a party’ s representative having full authority to settle under Rule 1.720( c)( Mediation Procedures; Party Representative Having Full Authority to Settle) to sign in place of the party.
Mishiyev v. Davis, Case No. 2D2023-1242( Fla. 2d DCA 2025). https:// 2dca. flcourts. gov / content / download / 2446618 / opinion / Opinion _ 2023-1242. pdf The Second District re-affirms the anti- SLAPP statute creates a burden on plaintiffs to allege sufficient facts to bring the claim within the statute and that its position is in conflict with the Third District, and that statements not made on social media or radio broadcasts and may not be protected under the statute.
940 Ocean Drive, LLC v. Sobe USA, LLC, Case Nos. 3D22-1323 & 3D22-2238( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2446492 / opinion / Opinion _ 2022-1323. pdf Florida Statute section 678.725( burden of proof on punitive damages) requires a trial on punitive damages even if the defendant has been defaulted.
Contragolpe LLC v. 505 NE 30 Street, LLC, Case No. 3D23-1487( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2446498 / opinion / Opinion _ 2023-1487. pdf The use of the term“ this contract” in an addendum as opposed to using the defined term“ this Contract” creates a patent ambiguity, and parol evidence regarding patent ambiguities is admissible only to clarify issues regarding the“ identity, capacity, or the parties’ relationship with one another.”
Osborne v. Walton County, Case No. 1D2021-3898( Fla. 1st DCA 2025). https:// 1dca. flcourts. gov / content / download / 2447207 / opinion / Opinion _ 2021-3898. pdf Governmental action under the public notice requirements of Florida Statute section 125.66 must be redone if the new action to be taken is materially different than that action originally noticed.
Smith v. Lynch, Case No. 2D2023-1376( Fla. 2d DCA 2025). https:// 2dca. flcourts. gov / content / download / 2447347 / opinion / Opinion _ 2023-1376. pdf Sellers of residences must disclose flood incidents to home buyers under Johnson v. Davis; Nelson v. Wiggs, 699 So. 2d 258( Fla. 3d DCA 1997), is distinguished on its facts and does not create an exclusion to the duty to disclose.
U. S. Bank Home Mortgage v. Boivin, Case No. 2D2023-2239( Fla. 2d DCA 2025). https:// 2dca. flcourts. gov / content / download / 2447348 / opinion / Opinion _ 2023-2239. pdf A purchaser at foreclosure sale has no right to claim priority over an existing mortgagee on the basis of laches solely because the mortgage is in default and the existing mortgagee has not foreclosed.
Fernandez v. Old Republic National Title Insurance Company, Case No. 3D23-1088( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2447261 / opinion / Opinion _ 2023-1088. pdf A title insurer typically has no duty
PBCBA BAR BULLETIN 24 to defend tortious interference and conspiracy claims but, depending on the claims asserted in the complaint, may have a duty to defend rescission claims.
Parmenia LLC v. Fondo de Inversión Stella, Case No. 3D24-0111( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2447249 / opinion / Opinion _ 2024-0111. pdf A putative transferee in a declaratory judgment action to determine whether the transfer was proper is an indispensable party to the suit.
Fowler v. Burnham, Case No. 1D2023-1102( Fla. 1st DCA 2025). https:// 1dca. flcourts. gov / content / download / 2447550 / opinion / Opinion _ 2023-1102. pdf Parties seeking to enforce a restrictive covenant is not required to prove irreparable harm, and instead the party challenging enforcement is instead required to prove defensive matters once the violation has been established.
Hamad v. Sarsour, Case No. 3D24-2285( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2447623 / opinion / Opinion _ 2024-2285. pdf The inability to obtain a judgment supports injunctive relief but the inability to possibly collect on a judgment does not.
The Bank of New York Mellon Lopez, Case No. 4D2024-570( Fla. 4th DCA 2025). https:// 4dca. flcourts. gov / content / download / 2447582 / opinion / Opinion _ 2024-0570. pdf A debtor has no standing to object to indorsements on negotiable instruments.
Hamlin v. Shaughnessy Overland Express,
Inc., Case No. 6D2023-2726( Fla. 6th DCA). https:// 6dca. flcourts. gov / content / download / 2447719 / opinion / Opinion _ 2023-2726. pdf The Sixth District holds that motions to vacate Rule 1.420 dismissals for failure to prosecute dismissals can be based on Florida Rule of Civil Procedure 1.540( b)( 1); conflict certified with Lesinski v. South Florida Water Management District, 226 So. 3d 964, 968( Fla. 4th DCA 2017).