REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Bailey v . Women ’ s Pelvic Health , LLC , Case No . 1D19-1444 ( Fla . 1st DCA 2020 ). Arbitration provisions which cover claims “ arising out of or related to ” apply not only to claims arising out of the parties ’ employment agreements , but also to those claims with a significant relationship to the agreements - including those with a contractual nexus .
MV Senior Management , LLC v . Redus Florida Housing , LLC , Case No . 1D20-111 ( Fla . 1st DCA 2020 ). The Wrongful Act Doctrine basis for awarding attorney ’ s fees applies only to litigation ensuing from a party ’ s wrongful act against a third party .
Murphy Auto Group , Inc . v . Florida Department of Transportation , Case No . 2D19-1236 ( Fla . 2d DCA 2020 ). Requiring a private landowner to pay for a new drainage system in order for the landowner to connect to a roadway owned by the government is an improper exaction under Koontz v . St . Johns River Water Management District , 570 U . S . 595 , 605-06 ( 2013 ).
BEO Management Corp v . Horta , Case No . 3D19-1989 ( Fla . 3d DCA 2020 ). The defenses of not being a party to the contract , there being no consideration for the check , and there being no intent to defraud do not defeat a claim for treble damages for a worthless check under Florida Statute section 68.065 ( 3 )( a ).
MST Corporation v . Caribe Insurance Agency
Corporation , Case No . 3D19-2288 ( Fla . 3d DCA 2020 ). A junior lienor omitted from a prior foreclosure retains its right of redemption and the redemption amount is the amount of the mortgage debt , not the foreclosure judgment amount , and an omitted lienor cannot be compelled to pay the costs or expenses of the foreclosure of the mortgage .
Triton Stone Holdings , L . L . C . v . Magna Business , L . L . C ., Case No . 4D19-2371 ( Fla . 4th DCA 2020 ). A handwritten agreement detailing the resolution of a limited liability company that does not comport with the previously executed operating agreement for the limited liability company is not effective even if partially acted upon .
Notwithstanding its bankruptcy and its dissolution under state law , the sponsor of an ERISA plan that continues to authorize payments to beneficiaries and that is not supplanted as the plan ’ s sponsor by another entity remains the constructive sponsor such that other members of plan sponsor ’ s controlled group of companies may be held liable under ERISA for the plan ’ s termination liabilities .
Merle Wood & Associates , Inc . v . Frazer , Case No . 4D19-2238 ( Fla . 4th DCA 2020 ). A party claiming unjust enrichment must prove the value of the benefit provided to and retained by the defendant ; providing evidence of the contractual value of commissions is not sufficient substantial , competent evidence of the unjust enrichment .
Indian River County v . Ocean Concrete , Inc ., Case No . 4D19-3611 ( Fla . 4th DCA 2020 ). Damages for violation of the Bert Harris Act , Florida Statute section 70.001 , arise from the loss of the investment backed expectation and valuation is not based on the ability of the owner to attain its goal , the date when the owner could attain its goal , or on the highest and best use ( value ) of the property .
The Cove & Deerfield Beach , LLC v . R Fast , Inc ., Case No . 4D20-1782 ( Fla . 4th DCA 2020 ). The requirement of a tenant to deposit rent into the Registry of the Court under Florida Statute section 83.232 ( 5 ) is strict , and the failure of a tenant to timely do so compels eviction even if the tenant mailed the rent check to the clerk two days before its due date .
In Re : Amendments to Florida Rules of Appellate Procedure 9.120 And 9.210 , Case No . SC20-597 ( Fla . 2020 ). Changes to the Florida Rules of Civil Procedure , including certification and required fonts .
Galleon Bay Corporation v . Board of County Commissioners of Monroe County , Florida , Case No . 3D19-1783 ( Fla . 3d DCA 2020 ). Florida Statute sec . 73.111 ( the money to satisfy a condemnation judgment award must be deposited in the court registry within 20 days of the judgment ) does not apply to inverse condemnation awards .
A trial court faced with invocation of a witness ’ s invocation of the Fifth Amendment privilege against self-incrimination which impacts a party ’ s right to discovery and access to the courts may fashion an appropriate balancing remedy , including but not limited to , staying the case , preventing a witness from testifying or a party from presenting evidence , and recognizing an adverse inference .
Torruella v . Nationstar Mortgage , LLC , Case No . 5D19-3298 ( Fla . 5th DCA 2020 ). A party that has not been served in a lawsuit is not a “ prevailing party ” entitled to attorney ’ s fees when the suit is dismissed .
M & M Realty Partners at Hagen Ranch , LLC v . Mazzoni , Case No . 18-13536 ( 11th Cir . 2020 ). A “ binding financial commitment ” from a third party , including a wholly owned business entity , is required in order to satisfy the financial requirement of the “ ready , willing and able ” standard for awarding specific performance .
Persaud Properties FL Investments , LLC v . Town of Fort Myers Beach , Case No . 2D19- 1282 ( Fla . 2d DCA 2020 ). Abandonment of a non-conforming use requires voluntary discontinuation of the use combined with the intent the discontinuation be permanent , i . e ., more than the passage of time is required for abandonment .
Bank of America , N . A . v . De Morales , Case No . 3D19-1782 ( Fla . 3d DCA 2020 ). Certiorari relief generally is not available to avoid the expense of continued litigation ( including discovery ) but is available where immunity from litigation altogether is asserted .
Bridge Financial , Inc . v . J . Fischer & Associates , Inc . Case No . 4D19-348 ( Fla . 4th DCA 2020 ). The owner of 5 % of a corporate entity is a sufficient “ owner ” such that he cannot tortiously interfere with a contract with “ his ” company .
Accardi v . Regions Bank , Case No . 4D20-0662 ( Fla . 4th DCA 2020 ). The statute of limitations set forth in Florida Statute section 95.11 ( 5 )( h ) applies to a motion for a deficiency judgment brought within an existing mortgage foreclosure action .
Pension Benefit Guaranty Corporation v . 50509 Marine LLC , Case No . 19-14968 ( 11th Cir . 2020 ).
Wahnon v . Coral & Stones Unlimited Corp .,
Case No . 3D19-2387 ( Fla . 3d DCA 2020 ). PBCBA BAR BULLETIN
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