REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
United States of America F . E . B . v . Corp ., Case No . 20-14047 ( 11th Cir . 2022 ). Wisteria Island , created by the dumping of spoil from the dredging of Key West harbor by the United States for military purposes , was “ filled in , built up , or otherwise reclaimed by the United States for its own use ,” and is owned by the United States and incapable of ownership by private parties .
In Re : Amendments To Florida Rules of Civil Procedure – Uniform Guidelines For Taxation of Costs , Case No . SC21-1581 ( Fla . 2022 ). Clarification and update of Guidelines for Taxation of Costs to include , among other items , costs for depositions and arbitration proceedings .
In Re : Amendments To The Florida Rules of General Practice and Judicial Administration and The Code Of Judicial
Conduct , Case No . SC22-1387 ( Fla . 2022 ). Judicial rules are amended to clarify the treatment of judicial papers when a judge or justice leaves the bench .
Delasol v . Ojtiskova , Case No . 1D22-1532 ( Fla . 1st DCA 2022 ). An order or judgment , including those in administrative proceedings , which contains conditional language as to finality is not a final order capable of appeal .
Manso v . Southeast Personnel Leasing , Inc ., Case No . 1D22-2700 ( Fla . 1st DCA 2022 ). Appellate court cannot grant a writ of certiorari on which issue for which there is no controlling precedent because the lack of precedent precludes one of requirements for certiorari , i . e ., that the trial court order violates a clearly established principle of law .
Nicholas v . U . S . Bank National Association , Case No . 5D21-2885 ( Fla . 5th DCA 2022 ). Award of attorney ’ s fees after trial based solely on filed fees affidavits and without evidence at trial is reversible .
Florida First Financial Services , LLC v .
Randolph , Case No . 1D21-661 ( Fla . 1st DCA 2022 ). If both foreign law and Florida law can apply to a contract dispute , foreign law need not be specifically argued until it “ is claimed to be dispositional .”
Welsh v . Martinez , Case No . 2D21-4019 ( Fla . 2d DCA 2022 ). Whether a foreign judgment is final and capable of domestication in Florida is determined by the foreign state ’ s rules of finality .
Metalonis v . Boies Schiller Flexner LLP , Case No . 3D21-2249 ( Fla . 3d DCA 2022 ). An arbitrator does not exceed their authority by ruling on issues put before the panel by both parties .
Ayala v . Interavia Spares And Services ,
Inc ., Case No . 4D22-300 ( Fla . 4th DCA 2022 ). A defendant merely prevailing on a claim for civil theft is not sufficient for an award of attorney ’ s fees as Florida Statute section 772.11 requires a defendant to demonstrate the legal theft claimed lacked “ substantial fact or legal support .”
Whitson v . Advocate 3413 , LLC , Case No . 2D21-609 ( Fla . 2d DCA 2022 ). Florida ’ s Partition Act does not contain a prevailing party attorney ’ s fees provision , but instead the statute directs that each party bear attorney ’ s fees based on their percentage ownership of the property with the fees awarded dependent on the services rendered by the attorney that benefit the partition “ to be determined on equitable principles in proportion to the party ' s interest ."
The Parkland Condominium Association , Inc . v . Henderson , Case No . 2D22-1279 ( Fla . 2d DCA 2022 ). Florida Rule of Civil Procedure 1.730 ( b ) requires settlement agreements reached through mediation must be signed by the parties to the agreement and also their counsel ; failure of counsel to sign renders the agreement unenforceable .
EcoVirux , LLC v . BioPledge , LLC , Case No . 3D21-1801 ( Fla . 3d DCA 2022 ). The use of the word “ exclusive ” in a forum selection clause indicates a mandatory clause , and the phrase “ suit may be brought
[ in the selected forum ]” does not diminish the exclusivity of the clause .
Save Calusa , Inc . v . Miami-Dade County , Case No . 3D22-1296 ( Fla . 3d DCA 2022 ). An improperly noticed zoning hearing is not saved by virtue of the hearing being canceled and rescheduled .
Gateland Village Condominium , Inc . v .
Holly , Case No . 4D21-2639 ( Fla . 4th DCA 2022 ). Florida Section 718.116 ( 6 ) does not contain condition precedent to the filing of a foreclosure suit , but instead provides for written notice of intent to foreclose on a lien for unpaid assessments before a foreclosure judgment may be entered .
Carus v . Cove at Isles at Bayshore Homeowners Association , Inc ., Case No . 3D21-2035 ( Fla . 3d DCA 2022 ). Requirements for service of process are strictly construed and failure to follow the requirements of Florida Statute section 48.21 invalidates the return of service on its face .
McElroy v . Florida Power & Light Company , Case No . 4D22-1344 ( Fla . 4th DCA 2022 ). A request for a temporary injunction cannot stand alone and must be supported by a viable cause of action , but a request for a permanent injunction to be entered after the temporary injunction satisfies this requirement .
The Palm Beach County Bar Association Criminal Law CLE Committee presents :
First Appearance Primer
January 6 , 2023 12:00PM - 2:00PM PBC Main Courthouse 205 N . Dixie Hwy , Courtroom 4D
Register by visiting : www . palmbeachbar . org
PBCBA BAR BULLETIN 24