REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
1944 Beach Boulevard , LLC v . Live Oak Banking Company ( In Re : NRP Lease Holdings , LLC ), Case No . 21-11742 ( 11th Cir . 2022 ). A financing statement which lists the debtor as “ 1944 Beach Blvd ., LLC ” instead of its legal name of “ 1944 Beach Boulevard , LLC ” is “ seriously misleading ” under Florida Statutes section 679.5061 ( 2 ), and is not enforceable against a bankruptcy trustee .
J Suarez Trucking Fl Corp . v . Souders , Case No . SC21-369 ( Fla . 2022 ). Acceptance of an offer under Florida Statute section 768.79 forms a contract , i . e ., an enforceable settlement agreement .
D Development I , LLC v . ICS Contractors , LLC , Case No . 2D21-2759 ( Fla . 2d DCA 2022 ). A jury cannot award a contractor breach of contract damages for work that was not part of the bid and construction contract .
Marlette v . Carullo , Case No . 2D22-547 ( Fla . 2d DCA 2022 ). When a case has intertwined legal and equitable claims , the case should first be tried to a jury on the legal claims with the equitable claims then tried by the court as the determinations of the first trial will control determinations of the second trial and trying the equitable claims first would deprive the requesting party of their right to a jury trial .
Bedoyan v . Samra , Case No . 3D21-821 ( Fla . 3d DCA 2022 ). A partner who has disassociated under Florida ’ s Revised Uniform Partnership Act of 1995 , Florida Statute section 620.8405 , cannot recover for breach of fiduciary duty and simultaneously for breach of contract for the same conduct and , under Florida Statute section 620.8701 ( 9 ), can only recover the statutory payout of his partnership claim against the partnership and not against individual partners .
Berengo v . Daley Law Firm PLLC , Case No . 3D22-1163 ( Fla . 4th DCA 2022 ). Florida Rule of Appellate Procedure 9.130 is construed in narrow fashion , and accordingly , an order adopting a receiver ’ s report determining disputed corporate ownership percentages is not subject to non-final appeal as it merely determines , i . e ., does not award , ownership of property .
Gulf Coast Transportation , Inc . Hillsborough County , Case Nos . 2D20-3326 and 2D20- 3432 ( Fla . 4th DCA 2022 ). Despite the regulatory scheme describing taxicab “ medallions ” ( certificates of public convenience and taxicab operating permits ) as “ private property ” and the emergence of a secondary market for the sale and purchase of the medallions , taxicab companies have no Constitutional property rights in the medallions and elimination of the medallion regulation scheme does not constitute a taking without compensation under the Fifth Amendment .
Exclusive Motoring Worldwide , Inc . v . Soral Investments , Inc ., Case No . 3D21-1833 ( Fla . 3d DCA 2022 ). Rental monies deposited in a court registry under Florida Statute section 83.232 ( 1 ) can only be distributed to the landlord to avoid loss of the premises or other hardship as a result of not receiving the rent .
Griffin Windows and Doors , LLC v . Pomeroy , Case No . 3D22-1069 ( Fla . 3d DCA 2022 ). A winning party under a proposal for settlement is entitled to an attorney ’ s fees judgment in the trial court notwithstanding the underlying judgment is on appeal and may be reversed .
Avant Design Group , Inc . v . Aquastar Holdings LLC , Case No . 3D21-53 ( Fla . 3d DCA 2022 ). A trial court must make specific factual finding of a construction lienor ’ s honest , good-faith mistake as to amounts due in order for the lienor to be excused from a fraudulent lien claim under the rule set forth in Vinci Development Co . v . Connell , 509 So . 2d 1128 , 1132 ( Fla . 2d DCA 1987 ) (“ A subsequent dispute between the parties as to the amount of compensation due according to the contract plan of compensation or even a dispute as to the method of compensation provided in the contract does not convert such a good faith dispute into a fraudulent lien as provided in section 713.31 .”).
Versace v . Uruven , LLC , Case No . 4D21-2311 ( Fla . 4th DCA 2022 ). A bank account titled in the name of “ husband and wife ” is conclusively held as tenants by entireties subject to attack only through other methods , e . g ., fraudulent conveyance claims .
Hohns v . Thompson , Case No . 5D21-3143 ( Fla . 5th DCA 2022 ). Florida Statute sections 679.609 ( after default , a secured party may take possession of the collateral without judicial process “ if it proceeds without breach of the peace ”) and 679.610 ( creditor may dispose of collateral it has retaken ) empower secured creditors to take possession of collateral after a debtor ’ s default without the necessity of filing suit , including a secured creditor transferring collateral such as stock certificates to itself .
Gate Venture , LLC v . Skinner , No . 1D21-3574 ( Fla . 1st DCA 2022 ). A change in the character of the surrounding neighborhood may permit the revision or elimination of recorded deed restrictions .
Logan v . Morgan , Lewis & Bockius LLP , Case No . 2D21-337 ( Fla . 2d DCA 2022 ). A law firm may be held liable for aiding and abetting a breach of fiduciary duty by its client if a plaintiff demonstrates a fiduciary duty on the part of a primary wrongdoer , a breach of that fiduciary duty , knowledge of the breach by the alleged aider and abettor , and the aider and abettor ' s substantial assistance or encouragement of the wrongdoing .
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PBCBA BAR BULLETIN 21