REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
In Re : Amendments To Florida Rules of Civil Procedure , Case No . SC2023-0962 ( Fla . 2024 ). The Florida Supreme Court leaves in place the proportionality requirements for discovery , requires objections to discovery be made with “ specificity ” and “ including the reason ” for the objection , requires objections to state whether documents are being withheld based on the objection , adds enforcement under Rule 1.380 , limits discovery being sent before party ’ s compliance with initial disclosures are satisfied , and exempts trial continuances and extension of case management orders from Rule 1.090 .
In Re : Amendments To Florida Rule of Civil Procedure 1.510 and New Florida Rule of Civil Procedure 1.202 ., Case No . SC2024- 0662 ( Fla . 2024 ). The Florida Supreme Court further refines Rule 1.510 to hold that a response is due no later than 40 days after service of the motion and that “[ a ] ny hearing on a motion for summary judgment be set for a date at least 10 days after the deadline for serving responses ,” and further refines new Rule 1.202 regarding conferral before filing motions , including providing for sanctions .
In Re : Certification of Need For Additional
Judges , Case No . SC2024-1721 ( Fla . 2024 ). The Florida Supreme Court certifies the need for two additional judges for the district courts of appeal , twenty-three circuit judges , and twenty-five county judges .
Evanston Insurance Company v . Everest Denali Insurance Company ; Case No . 2D2023-0205 ( Fla . 2d DCA 2024 ). Nothing under Florida ’ s Assignment for Benefit of Creditors Act , Florida Statutes Chapter 727 , requires an evidentiary hearing before approving a settlement agreement affecting claims in the assigned estate .
Pulles v . Onorato , Case No . 3D23-2106 ( Fla . 3d DCA 2024 ).
A trial court does not abuse its discretion in denying a late filed request for jury trial when “ discovery has been taken in preparation for a bench trial , [ re-setting the case for jury trial ] would be prejudicial to the Plaintiff and the expense of a jury trial would be more substantial to the Plaintiff .”
Village of Palmetto Bay v . Miami-Dade
County , Case No . 3D24-0230 ( Fla . 3d DCA 2024 ). A COVID-era ordinance which suspends timing requirements for constructions project approvals is valid and does not invalidate the project ’ s funding .
Barcelo v . Little Paket Corp ., Case No . 3D24- 0983 ( Fla . 3d DCA 2024 ). Punitive damages are reserved for outrageous conduct notwithstanding allegations of breach of fiduciary duty , conversion , and conspiracy .
Quintana v . Rodriguez Family Investment Partnership , LLLP , Case No . 3D23-968 ( Fla . 3d DCA 2024 ). Post-maturity payments do not automatically toll the operation of Florida Statute section 95.281 ( mortgages must be foreclosed within five years of maturity or twenty years if maturity is unascertainable ).
Ofer v . Ajar Holdings , LLC , Case No . 3D24- 1852 ( Fla . 3d DCA 2024 ). Florida Rule of Civil Procedure 1.420 ( a )( 1 ) prohibits a party from escaping a court conservatorship over real property by filing a Notice of Voluntary Dismissal .
Celsius Holdings , Inc . v . Strong Arm Productions , USA , Inc ., Case No . 4D2023- 0452 ( Fla . 4th DCA 2024 ). Damages for breach of contract to deliver stock are typically measured on the date of breach but may be measured at another date when there exist extraordinary circumstances .
Massachusetts Educational Financing Authority v . Fernandez , Case No . 4D2024-
0288 ( Fla . 4th DCA 2024 ). https :// 4dca . flcourts . gov / contentdownload / 2444632 / opinion / Opinion _ 2024-0288 . pdf A county court ruling in a lawsuit which contains multiple independent claims , each of which is within the statutory amount of the county court , has subject matter jurisdiction to enter a judgment on all the independent claims even if the total dollar amount of the judgment is in excess of its statutory authority .
Gomez v . Nichols , Case No . 3D23-1694 ( Fla . 3d DCA 2024 ). A trial court may look beyond the four corners of the complaint when examining a receiver ’ s motion to dismiss a suit brought against him for violation of his receivership duties , and the standard of review of an order determining such a motion is abuse of discretion .
Trujillo v . Garcia , Case No . 3D24-1125 ( Fla . 3d DCA 2024 ). ty and not in cases where the plaintiff is merely seeking money damages .
Rogers v . Zingale , Case No . 1D2022-3549 ( Fla . 1st DCA 2024 ). The heightened notice requirements under Florida Statute section 196.193 ( 5 ) apply to the denial of homestead tax exemptions notwithstanding that Florida Statute section 196.151 mentions the word “ homestead ” and section 196.193 ( 5 ) does not .
City of Titusville v . Speak Up Titusville ,
Inc ., Case No . 5D2023-3739 ( Fla . 5th DCA 2024 ). A municipal referendum requiring clean water which allows enforcement actions to be brought in the name of the affected water body is expressly preempted by Florida Statute section 403.412 ( 9 )( a ) (“ A local government regulation , ordinance . . . may not . . . grant any legal rights to . . . a body of water . . . that is not a person or political subdivision as defined in [ Florida Statute ] s . 1.01 ( 8 ) . . .”).
PBCBA BAR BULLETIN 23