REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
PAJ Investment Group , LLC v . El Lago N . W . 7th Condominium Association , Inc ., Case No . 3D23-2116 ( Fla . 3d DCA 2024 ). ( https :// 3dca . flcourts . gov / content / download / 2442109 / opinion / Opinion _ 2023-2116 . pdf ) An easement appurtenant cannot exist when the claimed easement holder is a “ stranger ” to , i . e ., does not own , the dominant estate even if the easement contains broad language .
Investcom Construction , LLC v . Plaza Del Prado Condominium Association , Inc ., Case No . 3D24-1119 ( Fla . 3d DCA 2024 ). ( https :// 3dca . flcourts . gov / content / download / 2442068 / opinion / Opinion _ 2024-1119 . pdf ) A case being placed into administrative “ inactive status ” by the Clerk does not allow a party to revoke a later filed Notice of Voluntary Dismissal .
Calvert v . Surrency , Case No . 5D2024-1232 ( Fla . 5th DCA 2024 ). ( https :// 5dca . flcourts . gov / content / download / 2442228 / opinion / Opinion _ 2024-1232 . pdf ) A non-party to an arbitration agreement may , in limited circumstances , compel arbitration under estoppel principles “( 1 ) when the signatory ’ s claims allege ‘ substantially interdependent and concerted misconduct ’ by the signatory and the non-signatory or ( 2 ) when the claims relate directly to the contract and the signatory is relying on the contract to assert its claims against the nonsignatory .”
Evans v . Gulf Landings Association , Inc ., Case No . 2D2022-3709 ( Fla . 2d DCA 2024 ). ( https :// 2dca . flcourts . gov / content / download / 2442488 / opinion / Opinion _ 2022-3709 . pdf ) A previous case must have been fully litigated and have concluded in a final judgment for the doctrine of law of the case to apply .
Land , Inc ., Case No . 5D2023-0308 ( Fla . 5th DCA 2024 ). ( https :// 5dca . flcourts . gov / content / download / 2442478 / opinion / Opinion _ 2023-0308 . pdf ) The Officious Intermeddler Doctrine ( there is no duty of restitution to a party who benefits another party without being asked to do so ) applies during contract negotiations such that a party that obtains rezoning of land it wants to purchase does not have a claim for restitution against the landowner when it is not able to close the purchase .
Osborne v . Drees Homes of Florida , Inc ., Case No . 5D2023-2978 ( Fla . 5th DCA 2024 ). ( https :// 5dca . flcourts . gov / content / download / 2442482 / opinion / Opinion _ 2023-2978 . pdf ) A claim against a homebuilder for defective stucco is not subject to arbitration when the arbitration clause is limited to items covered under the homeowner limited warranty and stucco is not one of the warranted items .
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