REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
PRN Real Estate & Investments , LTD . v .
Cole , Case No . 22-11118 ( 11th Cir . 2023 ). Based upon Husky Int ’ l Elecs ., Inc . v . Ritz , 578 U . S . 355 ( 2016 ), and In re Gaddy , 977 F . 3d 1051 ( 11th Cir . 2020 ), the Eleventh Circuit holds that a creditor can file an adversary action for actual fraud under 11 U . S . C . § 523 ( a )( 2 )( A ).
Santos v . Healthcare Revenue Recovery Group , LLC ., Case No . 22-11187 ( 11th Cir . 2023 ). A consumer does not have to prove actual damages to recover statutory damages under the Fair Credit Reporting Act , 15 U . S . C . § 1681n ( a )( 1 )( A ).
Stone v . Commissioner of Internal
Revenue , Case No . 22-13217 ( 11th Cir . 2023 ). A whistleblower to the Internal Revenue Service has no ability to compel the Service to institute enforcement proceedings against offending taxpayers in order that the taxpayer may collect their whistleblower commission under 26 U . S . C . § 7623 ( b ).
In Re : Amendment to Florida Rule of Civil Procedure 1.280 , Case No . SC2021-0929 ( Fla . 2023 ). The Florida Supreme Court adopts as final the changes to Florida Rule of Civil Procedure 1.280 regarding the Apex Doctrine .
Diggs v . Cushman , Case No . 1D2022-0926 ( Fla . 1st DCA 2023 ). An “ access and utility easement ” permits use of the servient tenement both for utilities and access .
Knapp v . Harling , Case No . 1D2022-2256 ( Fla . 1st DCA 2023 ). A proposal for settlement is invalid if does not contain the requirement of Florida Rule of Civil Procedure 1.442 that the proposal resolve “ all damages that would otherwise be awarded in a final judgment in the action .”
DJB Rentals , LLC v . City of Largo , Case No . 2D22-693 ( Fla . 2d DCA 2023 ). Upon rehearing , the Second District reaffirms that an as-applied constitutional challenge may not be raised for the first time in a lien foreclosure action , i . e ., the issues must have been raised first in an appeal from the magistrate ’ s order confirming the lien .
Continental Connections USA , LLC v . D . O . D . Holdings , LLC , Case Nos . 4D2022- 1786 & 4D2022-1787 ( Fla . 4th DCA 2023 ). Claims seeking return of capital contributions to the company were not compulsory claims in a prior suit against a former member for breach of fiduciary duty .
FLOPRO , LLC v . EOX Technology Solutions ,
Inc ., Case No . 4D2023-000 Computer-assisted legal research , postage , mileage , and meals are not taxable costs under the Statewide Uniform Guidelines for Taxation of Costs and applicable law .
Dirty Duck 16004 LLC v . Town of Redington
Beach , Case No . 2D23-251 ( Fla . 2d DCA 2023 ). Municipal ordinances enacted between January 1 , 2016 and June 30 , 2018 which permit customary use of “ dry sand beach area ” are not rendered void by Florida Statute section 163.035 .
Dooley v . Gary the Carpenter Construction , Inc ., Case No . 3D22-1460 ( Fla . 3d DCA 2023 ). Damages awarded under unjust enrichment theories , unlike those awarded under breach of contract theories , do not need to be awarded under an allor-nothing basis and may be apportioned between a plaintiff and a defendant .
Tatlici v . Tatlici , Case No . 4D2022-061 ( Fla . 4th DCA 2023 ). A Florida administrator ad litem may try foreign causes of action in Florida even if the cause of action arose in a foreign jurisdiction between foreign individuals and under the law of the foreign jurisdiction .
North Florida Mango , LP v . LLS Holdings ,
LLC , Case No . 4D2022-203 ( Fla . 4th DCA 2023 ). The term “ business as currently run ” in a real estate sales contract is ambiguous
PBCBA BAR BULLETIN 18 and renders incapable of summary judgment a contract dispute over whether a buyer acquiesced in taking a property with a running business on the premises .
Mercado v . Sridhar , Case No . 3D23-0223 ( Fla . 3d DCA 2023 ). Unsigned addenda to a fully executed and integrated real estate sales contract do not become part of the contract ; the contract is enforceable but the addenda are not .
Property Registration Champions , LLC v . Mulberry , Case No . 5D22-2341 ( Fla . 5th DCA 2023 ). A forum selection clause titled “ Consent to Jurisdiction ” does not indicate the clause is permissive if the text of the clause indicates the “ consent ” is exclusive as to one jurisdiction .
Bowein v . Sherman , Case No . 6D23-608 ( Fla . 6th DCA 2023 ). A real estate sales contract which states in one part that one property is being sold while stating in another that four properties are being sold is patently ambiguous and is accordingly void .
Offices at Grand Bay Plaza Condominium Association , Inc . v . Grove at Grand Bay Condominium Association , Inc ., Case No . 3D22-1889 ( Fla . 3d DCA 2023 ). Even if entry of a temporary injunction is proper under law , failure to require the posting of a bond is reversible error .
Manny Seafood Corporation v . The City of
Miami , Case No . 3D23-0357 ( Fla . 3d DCA 2023 ). Even if the settlement agreement affects a nearby business and property owner , a non-party that is not an intended third party beneficiary lacks standing to enforce a settlement agreement between a municipality and the state of Florida .
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