REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Springsted Holdings , Inc . v . Del Prado Mall Professional Condominium Association ,
Inc ., Case No . 2D21-1875 ( Fla . 2d DCA 2022 ). Construction of a dumpster pad on parking spaces available to association members via easement violates the easement .
Rebolledo v . Chaffardet , Case No . 3D21-2272 ( Fla . 3d DCA 2022 ). Forum state jurisdiction for defamation claims arising from comments on the internet , Walden v . Fiore , 571 U . S . 277 ( 2014 ), directs that courts review the defendant ’ s contact with the forum ( not the defendant ) and the foreseeability of the defendant ’ s action to cause harm in the forum state .
ordinance must comply with Florida Statute section 125.0103 ( 2 ) and establish “ that such controls are necessary and proper to eliminate an existing housing emergency which is so grave as to constitute a serious menace to the general public .” Moreover , the statute provides that rent controls may not be imposed for longer than one year , and certain types of properties , like second homes , are completely exempted from rent controls .
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Balch v . The Bank Of New York Mellon , Case No . 2D21-566 ( Fla . 2d DCA 2022 ). A non-party to a case has no right to appeal the final judgment , accordingly , a purported tenant who was not named in a foreclosure action and failed to intervene has no standing to file an appeal .
West v . City First Mortgage Corp ., Case No . 3D21-1221 ( Fla . 3d DCA 2022 ). A trial court does not abuse its discretion when it enters a summary judgment despite the pendency of a motion for leave to file counterclaim based on newly discovered evidence when the motion for leave was filed six minutes before the summary judgment hearing .
Kapitanov v . Spinnaker Bay at the Waterways Condominium Association , Inc ., Case No . 3D22-0316 ( Fla . 3d DCA 2022 ). The Third District has historically affirmed dismissals with prejudice after three attempts to properly state a claim .
Suntech Plumbing and Mechanical Corp . v . Bella Isla , LLC , Case Nos . 3D22-1321 & 3D22- 1322 ( Fla . 3d DCA 2022 ). A trial court does not abuse its discretion when , upon a motion to compel arbitration , it dismisses the case without prejudice instead of staying the case .
Florida Association of Realtors v . Orange
County , Case No . 5D22-2277 ( Fla . 5th DCA 2022 ). A county seeking to impose a rent-control
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Complex Business Litigation l Whistleblower / Qui Tam Litigation Securities Arbitration l
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