REAL ESTATE CORNER
MANUEL FARACH
Cocoplum Civic Association , Inc . v . City of Coral Gables , Case No . 3D21-1569 ( Fla . 3d DCA 2021 ). The Third District holds that “ secondtier certiorari may not be utilized to challenge simple legal error , but only in instances where the petitioner establishes a violation of a clearly established principle of law resulting in a miscarriage of justice .”
Millan Law Firm , P . A . v . Zambrano , Case No . 3D21-1726 ( Fla . 3d DCA 2021 ). Records regarding payments to law firms typically do not implicate either the attorney-client or work product privileges .
McGregor v . Fowler White Burnett , P . A ., Case No . 4D20-2684 ( Fla . 4th DCA 2021 ). Fraudulent transfer claims brought under Florida Statute section 56.29 ( proceedings supplementary ) are subject to the time limitations of Florida Statute chapter 726 ( fraudulent conveyances ) and thus can be barred by the application of Florida Statute section 726.110 .
Blue Water Holdings SRC , Inc . v . Santa Rosa County , Florida , Case No . 1D19-4387 ( Fla . 1st DCA 2021 ). The purpose of appraisals under the Bert Harris Act , Florida Statute section 70.001 ( 2012 ), is to give notice to the government to allow it to fairly assess the claim and the appraisals need not be “ before and after ,” i . e ., appraisals before and after the inordinate government regulation which show the diminution in value due to the government regulation , nor admissible in evidence by themselves .
The Solomon Law Group , P . A . v . Dovenmuehle Mortgage , Inc ., Case No . 2D21-360 ( Fla . 2d DCA 2021 ). Forum selection clauses , being a contractual right and not a grant of jurisdiction , neither give jurisdiction to nor remove jurisdiction from a particular court , and being a contractual right , can be waived by the actions of the party invoking the clause .
Florida Real Property and Business Litigation Report ( Continued )
PALMBEACHBAR . ORG 24