REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Dekalb Event Center , Inc . v . City of Chamblee , Case No . 20-10659 ( 11th Cir . 2021 ). A liquor license is a vested property right but its application , e . g ., hours of operation , may be changed by government .
Gold-Fogel v . Fogel , Case No . 20-14310 ( 11th Cir . 2021 ). The Colorado River Doctrine ( federal courts have discretion to not accept federal litigation when it is identical to state court litigation ) is not to be applied mechanically and includes a nonexclusive list of factors the federal court may review .
Hunstein v . Preferred Collection and Management Services , Inc ., Case No . 19- 14434 ( 11th Cir . 2021 ). It is a violation of the Fair Debt Collection Practices Act , 15 U . S . C . § 1692c ( b ), for a creditor to send debtor ’ s information to third parties ( including debt collection vendors ) for purposes of collecting a debt .
In Re : Amendments to Florida Rules of Civil Procedure 1.280 And 1.340 , Case No . SC21-120 ( Fla . 2021 ). Florida Rule of Civil Procedure 1.280 is amended to require litigants - when responding to requests for production , written deposition questions , interrogatories , and requests for admissions - to state the deposition question , interrogatory , or discovery request followed by the answer , objection , or other response .
Levy v . Levy , Case No . SC20-1195 ( Fla . 2021 ). Florida Statute section 57.105 ( 7 ) is applicable only where the attorney ’ s fees provision is unilateral , i . e ., provides for an award of attorney ’ s fees to only one party to the contract .
In Re : Amendment To Rules Regulating The Florida Bar – Rule 3-7.18 , Case No . SC21-653 ( Fla . 2021 ). The Board of Governors of the Florida Bar may review allegations of misconduct referred by members of the judiciary that do not result in finding of probable cause or filing of a formal complaint .
Pena v . Rincon , Case Nos . 3D19-2225 , and 3D19-2308 ( Fla . 3d DCA 2021 ). A handwritten agreement between nonlawyer business partners is effective and the commercial properties owned by the partnership may be partitioned .
BREA 3-2 LLC v . Hagshama Florida 8 Sarasota , LLC , Case Nos . 3D20-1154 , and 3D20-1197 ( Fla . 3d DCA 2021 ). An agreement to arbitrate any disputes “ under the Agreement ” is a narrow arbitration provision and does not encompass indirect claims such , as in this case , usury , declaratory relief , and injunctive relief .
Carus v . VRMTG Asset Trust , Case No . 3D20-1355 ( Fla . 3d DCA 2021 ). A trial conducted over electronic means is acceptable under the circumstances as due process is flexible and calls for as much procedural protections as the situation demands .
Associated Energy Group , LLC v . Costa , Case No . 3D20-1633 ( Fla . 3d DCA 2021 ). The two dismissal rule applies only to dismissal of an entire action or controversy as to all defendants ; it does not apply to a dismissal of any claim or cause of action against one or more , but less than all , of the defendants named in the complaint , and accordingly , does not apply to guarantors who were dismissed twice when the action remained pending after the second dismissal of the guarantors .
Phillips v . Pritchett Trucking , Inc ., Case No . 1D20-2068 ( Fla . 1st DCA 2021 ). The Clerk of Court is required by Florida Statute section 28.222 ( 3 ) to “ record . . . instruments presented to him or her for recording , upon payment of the service charges prescribed by law ” and upon failure to do so , may be compelled by mandamus to record as date of presentment of the instrument and give priority irrespective of Florida Statute section 695.11 .
Akuwudike v . McKenzie , Case No . 3D20- 1364 ( Fla . 3d DCA 2021 ). Other than jurisdiction specifically retained , a trial court loses jurisdiction of a case after rendition of the final judgment and expiration of the time allotted for altering , modifying or vacating the judgment , and as a result , cannot conduct case management conferences nor “ dismiss ” a case .
Barak v . ACS International Projects , Ltd ., Case No . 3D20-0670 ( Fla . 3d DCA 2021 ), Article 4A ( Electronic Funds Transfers ) of the Uniform Commercial Code only allocates responsibility as to “ parties ” to the funds transfer , i . e ., a term narrowly defined as including only the originator , sender , beneficiary , and enabling financial institutions , and does not allocate responsibility as to underlying parties laying claim to the funds .
First Equitable Realty III , Ltd . v . Grandview Palace Condominium Association , Inc ., Case No . 3D20-1807 ( Fla . 3d DCA 2021 ). An amendment to a condominium declaration giving a developer the right to reject further amendments which are , in the sole opinion of the developer , harmful to the sale of further units is enforceable .
JD ’ s Asphalt Engineering Corp . v . Arch Insurance Company , No . 3D20-0407 ( Fla . 3d DCA 2021 ). Upon proper proof , a surety may enforce a contractual provision that all change orders in a construction contract be in writing and approved .
Shechter v . R . V . Sales of Broward , Inc ., Case No . 3D20-1413 ( Fla . 3d DCA 2021 ). A trial court cannot enter summary judgment when no parties have moved for that relief .
Lam v . Univision Communications , Inc ., Case No . 3D19-2204 ( Fla . 3d DCA 2021 ), Florida Statute section 768.295 ( 2021 ), Florida ’ s anti-SLAPP statute , does not create a different motion to dismiss standard requiring the plaintiff their claims are not without merit .
PBCBA BAR BULLETIN 21