REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Marmol v. Kalonymus Dev. Partners, LLC, Case No. 23-13678( 11th Cir. 2025). The issue of specific performance is moot where the parties completed the sale of real property pursuant to a district court order during the pendency of appeal, and buyers who elect specific performance as a remedy under a contract may recover consequential damages resulting from sellers ' breach, including increased financing costs and lost rental income where the contract permits recovery of such losses despite pursuing specific performance.
Creative Choice Homes XXX, LLC v. AMTAX Holdings 690, LLC, Case No. 23-10197( 11th Cir. 2025). Limited partners were justified in removing general partners where general partners’ material breaches of limited partnership agreement provision prohibiting commingling and unauthorized affiliate distributions caused material detriment and cure was inadequate.
National Small Business United v. U. S. Department of the Treasury, Case No. 24- 10736( 11th Cir. 2025). The Corporate Transparency Act requiring beneficial ownership information reporting constitutes a valid exercise of Congress ' s interstate commerce power and does not facially violate Fourth Amendment protections.
Loumpos v. Bank One, Case No. SC2024- 1256( Fla. 2025). The amendment to Florida Statutes section 655.79( 1) holds that a spousal bank account opened by only one spouse and later designated as owned by tenancy by the entireties qualifies as an entireties account exempt from garnishment for individual spousal debt.
Lantz v. Gibson, Case No. 1D2024-2148( Fla. 1st DCA 2025).
Tenants in common are equally obligated to contribute to costs necessary to maintain property ownership, and the paying tenant is entitled to credit from sale proceeds for the non-paying co-tenant ' s proportionate share of property taxes, insurance, and necessary repairs when a marital settlement agreement is silent as to property expenses other than the mortgage.
Florida Roof Masters, LLC v. Page, Case No. 1D2024-0132( Fla. 1st DCA 2025). A general contractor who hires a collection company to pursue debt " on behalf of " the contractor retained sufficient legal interest and standing to sue the debtor because the assignment was only of a chose in action to collect the debt and not of the entire contracts.
Voss v. Voss, Case No. 2D2024-2781( Fla. 2d DCA 2025). An action sounds in ejectment rather than unlawful detainer, thereby placing the matter within the exclusive jurisdiction of the circuit court, when the defendant alleges an equitable interest in the property arising from an agreement to pay the down payment and mortgage.
Russell v. Mells, Case No. 2D2024-1560( Fla. 2d DCA 2025). Counsel referred to the Florida Bar for submitting computer-generated case citations including fabricated authorities and misquoted case law.
Marine Design Dynamics, Inc. v. All City Construction Services, LLC, Case No. 3D24- 1775( Fla. 3d DCA 2025). Trial court properly excluded untimelydisclosed expense sheet under pretrial order where joint venture partner failed to provide exhibit list and opposing party demonstrated prejudice based on absence of reliability indicia and inability to prepare rebuttal.
PBCBA BAR BULLETIN 22
Ofer v. Metropolitan Mortgage Company,
LLC, Case No. 3D24-1845( Fla. 3d DCA 2025). Self-represented appellant barred from future filings absent Florida Bar member review where commissioner found fabrication of emails accusing appellee ' s counsel and trial judge of misconduct.
Fox One, LLC v. City of Miami, Case Nos. 3D24-0211 & 3D24-0936( Fla. 3d DCA 2025). Florida Statutes section 553.80( 7)( a) 2 contains no exception for surpluses accumulated before the statute ' s effective date of July 1, 2019, and accordingly, local governments must rebate or reduce fees for any surplus exceeding the statutory limit regardless of when the underlying building permit and inspection fees were collected.
Kowalski v. Binance Holdings Ltd., Case No. 3D24-1559( Fla. 3d DCA 2025). A trial court must conduct an evidentiary hearing where the defendant submits evidence contesting jurisdictional allegations and cannot dismiss a complaint without permitting amendment where the plaintiff alleges sufficient facts to support conspiracy liability, specific personal jurisdiction under Florida Statutes section 48.193( 1) and causes of action for conversion, civil theft, fraud, and aiding and abetting.
Trident Real Est., Inc. v. Sonny & Ricardo,
LLC, Case No. 3D25-0116( Fla. 3d DCA 2025). Damages for fraudulent inducement and misrepresentation are unliquidated because they cannot be determined with exactness by arithmetical calculation or application of definite rules of law; consequently, a defaulting party retains a due process right to notice and an evidentiary hearing to determine the amount of damages.
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