REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
SE Property Holdings , LLC v . Gaddy ( In re
Gaddy ), Case No . 19-11699 ( 11th Cir . 2020 ). A debtor who fraudulently conveys away his assets may still discharge his loan debts notwithstanding 11 U . S . C . § 523 ( a ) ( 2 )( A ) and 11 U . S . C . § 523 ( a )( 6 ) if the loans were not obtained by fraud and the injury was not the result of the debt itself ; Husky International Electronics , Inc . v . Ritz , 136 S . Ct . 1581 ( 2016 ), is distinguished .
Gabriji , LLC v . Hollywood East , LLC , Case No . 4D19-3495 ( Fla . 4th DCA 2020 ). A prospective purchaser ’ s claim for unjust enrichment arising from a preconstruction deposit on a condominium project that is later foreclosed is not limited by Florida Statute § 95.11 ( 5 )( b )’ s oneyear statute of limitations (“[ a ] n action to enforce an equitable lien arising from the furnishing of labor , services , or material for the improvement of real property ” is one year ).
Howell v . Orange Lake Country Club , Inc ., Case No . 5D19-2473 ( Fla . 5th DCA 2020 ). A trial court must hold an evidentiary hearing to impose an injunction even when the defending party ’ s pleadings have been stricken .
Williams v . M & R Construction Of North Florida , Inc ., Case No . 1D19-4518 ( Fla . 1st DCA 2020 ). Only a “ joint creditor ” of a husband and wife can execute upon entirities property , and “ joint ” under Beal Bank , SSB v . Almand & Assocs . 780 So . 2d 45 , 53 ( Fla . 2001 ), means a creditor who obtained a judgment against husband and wife jointly .
Sack v . WSW Rental Of Sarasota , LLC , Case No . 2D19-728 ( Fla . 2d DCA 2020 ). The measure of damages for harm to chattels is loss of use of the chattel together with " the difference between the value of the chattel before the harm and the value after the harm " or " the reasonable cost of repairs or restoration where feasible , with due allowance for any difference between the original value and the value after repairs .”
Escadote I Corporation v . Ocean Three Condominium Association , Inc ., Case No .
3D19-0500 ( Fla . 3d DCA 2020 ). Summary judgment for the Releasee below is proper as the following release is a general release of all claims and is not limited to pre-existing claims : [ Releasor releases Releasee ] of and from any and all property damage claims , actions , causes of action , damages or demands , in whatever name or nature , in tort , in contract or by statute , in any manner arisen , arising , or growing out of any property damages , property expenses , or losses sought or claimed , of whatever name or nature , past , present , or future , which in any way arise out of or were the result of the property damage occurring at [ the Unit ] from inception until March 24 , 2010 . This release covers any and all property damage claims of the Releasing Party for any consequential damages and expenses which have arisen , arise , or which may hereafter arise out of the incidents or matters which were alleged in , or could have been alleged in CASE NO .: 06-10808 CA 04 . . . except that it does not release claims for future failures of the Ocean Three Condominium Association , Inc . to maintain the common elements .
Kustom US , Inc . v . Herry , LLC , Case No . 1D20-90 ( Fla . 1st DCA 2020 ). The rule that venue is proper where the breach of contract occurred applies only in instances where liquidated damages are being sought and not where the amount of damages alleged must be proved by evidence .
Drapp v . South Florida Lending Corp ., Case No . 2D19-1949 ( Fla . 2d DCA 2020 ). Deeds are presumed valid and the burden of proof in an action to set aside deeds based on lack of capacity is upon the party claiming lack of capacity .
Quirch Foods LLC v . Broce , Case No . 3D20- 842 ( Fla . 3d DCA 2020 ). An employment agreement signed while employed by the organization requesting the employment agreement is supported by consideration .
Lakeview Loan Servicing , LLC v . Walcott-
Barr , Case No . 4D19-1582 ( Fla . 4th DCA 2020 ). A certified return receipt card is not necessary to prove an attempt to enter into the “ face to face ” meeting requirement of 24 C . F . R . § 203.604 ( d ) ( 2019 ).
Tufts v . Hay , Case Nos . 19-11496 & 19-11603 ( 11th Cir . 2020 ). The Barton ( v . Barbour , 104 U . S . 126 ( 1881 ) Doctrine ( suit cannot be brought against a court-appointed receiver without leave of the court that appointed the receiver ) does not apply in bankruptcy court after the case is closed .
Pine Mountain Preserve , LLLP v . Commissioner Of Internal Revenue , Case No . 19-11795 ( 11th Cir . 2020 ). A grant to a qualified conservation trust , so long as the grant is in perpetuity for conservation purposes , qualifies for tax deductibility under I . R . C . § 170 even though it is a “ Swiss cheese ” grant , i . e ., land granted for conservation with pockets of development .
Santana v . Miller , Case No . 3D19-1808 ( Fla . 3d DCA 2020 ). The following language is sufficient to release future claims , including for discriminatory and hostile work environment : Based on the consideration described above , Employee hereby fully and finally releases and discharges Employer from any and all claims , wages , overtime , vacation pay or any sums of any nature whatsoever , up through the date this Release is signed . . .
Aleman v . Gervas , Case No . 3D19-2255 ( Fla . 3d DCA 2020 ). The following clause requires the company , and not individual members , to pay amounts due to Aleman : 6 . Morningside Management LLC . The Parties are equal owners , directly or indirectly , of Morningside Management LLC (“ MM ”). The Parties will endeavor to restructure or liquidate this company and pay the amounts owed to Raymond [ Aleman ]. Within thirty ( 30 ) days of the date of this Agreement , each of Gervas and Aleman will pay one half of the amounts owed to the law firms of Murai Wald Biondo & Moreno P . A . and Lagos and Priovolos .
PBCBA BAR BULLETIN 23