REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Jackson v. Florida Department of
Transportation, Case No. 4D2024-0202( Fla. 5th DCA 2025). The legal effect of building codes is a question of law for the court, and accordingly, an expert cannot opine as to whether the code applies to a particular situation.
Showntail The Legend, LLC v. Clay, Case No. 1D2024-1751( Fla. 1st DCA 2025). An order denying a motion to vacate, modify, or correct an interim arbitration award is not immediately appealable under Article V, section 4( b)( 1) of the Florida Constitution or Florida Rule of Appellate Procedure 9.130( a)( 3)( I) because the order neither confirms nor modifies the interim award and also because appellants retain a remedy through plenary appeal following confirmation of a final arbitration award.
Navas Bar & Grill, Inc. v. Tapias, Case No. 2D2024-2756( Fla. 2d DCA 2025). A return of service satisfying Florida Statute section 48.21( 1)' s requirements establishing service on a representative of a corporation ' s designated registered agent under section 48.091( 3) is regular on its face, and the party challenging service bears the burden to prove by clear and convincing evidence that service was improper.
Sanz v. Herrera, Case No. 3D24-2046( Fla. 3d DCA 2025). Summary judgment is affirmed where appellants challenge the order but fail to demonstrate through competent, authenticated evidence that a genuine dispute of material fact exists.
Leff v. Larez, Case No. 3D25-0293( Fla. 3d DCA 2025). An appellant ' s failure to object to selfexecuting default language before entry of final judgment and failure to raise the lack of notice of application for default until a motion for rehearing waives appellate review of the trial court ' s default entry where no transcript establishes that the issue was preserved.
Nova Southeastern University, Inc. v. Garratt-Callahan Co., Case No. 4D2024-1453( Fla. 4th DCA 2025). Claims against multiple defendants arising from different contractual obligations, different performance periods, and different factual circumstances are not inextricably intertwined for attorney ' s fees purposes, and accordingly, the fee applicant must allocate fees to claims for which fees are contractually recoverable.
In re Amendments to Florida Small Claims Rules 7.010 and 7.020, Case No. SC2024-1765( Fla. 2025). Florida Small Claims Rules 7.010 and 7.020 are amended to enact stylistic changes and to, without incorporating a foreclosure exclusion for small claims procedures, expand the applicability of certain Florida Rules of Civil Procedure to small claims actions.
RT-Destin Associates, LLC v. NexPoint Real Estate Advisors, L. P., Case No. 1D2024-2287( Fla. 1st DCA 2025). Seller of real estate did not materially breach contractual disclosure obligations or warranties under the sale agreement for Sale of Embassy Suites hotel.
U. S. Bank Nat’ l Ass’ n v. Dukes, Case No. 1D2023-1769( Fla. 1st DCA 2025). A plaintiff may enforce a lost note in mortgage foreclosure when it acquired rights from a person entitled to enforce at the time possession was lost, satisfying statutory requirements under Florida Statutes section 673.3091.
City of Miami v. AFSCME Local 1907, Case No. 3D24-0865( Fla. 3d DCA 2025). An arbitrator does not exceed their powers by interpreting a collective bargaining agreement’ s layoff provisions and ordering
PBCBA BAR BULLETIN 24 reinstatement of employees in other qualified city positions.
Brown v. Towd Point Mortgage Trust 2017-6, Case No. 4D2024-2438( Fla. 4th DCA 2025). A mortgage on homestead property signed solely by one spouse is unenforceable as a lien absent spousal joinder under Article X, Section 4( c) of the Florida Constitution, even where the mortgage was for purchase money and a related statute otherwise permits such conveyance.
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