REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Florida Woman Care LLC v . Nguyen , Case No . 4D21-1554 ( Fla . 4th DCA 2021 ). Defendants who did not sign an agreement containing an arbitration may compel arbitration if the Plaintiff sues them on the agreement containing the arbitration provision .
Soundbar , LLC v . BYM Commercial , Case No . 5D21-176 ( Fla . 5th DCA 2021 ). A trial court hearing a Motion to Determine Rent under Florida Statute section 82.232 ( 2020 ) is limited to considering only the issue of the amount of rent due and whether the amount has been paid , and cannot consider any other issues such as the proper lease in place , force majeure , and other defaults .
Bayview Loan Servicing , LLC v . Brown , Case No . 2D20-1824 ( Fla . 2d DCA 2021 ). A trial court may not take judicial notice of matters outside the pleading when ruling on a motion to dismiss absent extraordinary circumstances .
College Health II , GP , Inc . v . Depau , Case Nos . 3D19-1315 & 3D20-1179 ( Fla . 3d DCA 2021 ). Counsel for defaulting party must have " actual knowledge " that the defaulting party is represented by counsel and also " actual knowledge " that the defaulting party intends to defend against the lawsuit in order to be required to serve the notice of default .
Asgaard Fund , L . P . v . MM80 Oceanside
Holdings , LLC , Case No . 3D19-2126 ( Fla . 3d DCA 2021 ). Pursuant to Florida Statute section 673.1051 ( 2021 ), an unissued note is binding on the maker .
Isola Bella Homeowners Association , Inc . v . Clement , Case No . 4D20-2306 ( Fla . 4th DCA 2021 ). The general rule the defendant is the prevailing party when a plaintiff dismisses a lawsuit applies when the dismissal is the result of a settlement agreement .
Capital Wealth Advisors , LLC v . Capital Wealth Advisors , Inc ., Case No . 2D20-2446 ( Fla . 2d DCA 2021 ). A commission sharing agreement is not an unlawful restraint of trade which violates Florida Statute section 542.335 .
Berggren v . North Miami Bagels , Inc ., Case No . 3D19-2491 ( Fla . 3d DCA 2021 ). Florida Rule of General Practice and Judicial Administration 2.516 ( b )( 2 ) requires service on unrepresented parties be made by “ mailing [ a document ] to the party . . . at their last known address ” and is “ complete upon mailing ”; Rule 2.516 does not require a party to include a certificate of service when mailing a document to an unrepresented party .
James B . Pirtle Construction , Co ., Inc . v . Warren Henry Automobiles , Inc ., Case No . 3D21-830 ( Fla . 3d DCA 2021 ). At common law , a leasehold interest was considered personal property , not realty , and a lienholder contracting with a tenant can only lien the leasehold and not the real property .
The Judicial Relations Committee continues their popular “ Coffee and Bagels ” on Zoom . These monthly programs foster relationships and dialogue between the judiciary and members of our Bar . Join us for the next session on December 14 th . To register , please visit www . palmbeachbar . org .
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