REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Chun v. Castle Key Indemnity Co., Case No. 2D2024-1891( Fla. 2d DCA 2025). An insurer ' s payment of appraisal proceeds after suit is filed constitutes a functional confession of judgment entitling insureds to attorney ' s fees under Florida Statute section 627.428.
Dresser v. Webb, Case No. 3D24-0056( Fla. 3d DCA 2025). A party who accepts settlement benefits with actual or constructive knowledge of all material facts ratifies that settlement and is estopped from attacking it or any judgment entered thereon, even where the settlement was initially unauthorized.
Palm Coast Intracoastal, LLC v. Preserve Flagler Beach & Bulow Creek, Inc., Case No. 5D2024-2751( Fla. 5th DCA 2025). Probable cause defeats a malicious prosecution claim as a matter of law and regardless of the petitions ' ultimate lack of success when the original certiorari petitioner reasonably believed— based on statements from government officials— that a development approval violated county ordinances.
Florida Department of Revenue v. Bank of America, N. A., Case No. 1D2024-0153, 2024 Fla.( 1st DCA 2024). Refinanced home loans secured by mortgages on the same real property as original loans with evidence that borrower obligations were extended and rolled into new loans rather than satisfied demonstrate the refinanced loans are exempt from stamp and intangible taxes under Florida Statute sections 201.091 and 199.1451.
Wight v. City of Miami Beach, Case No. 3D24-1648, 2024 Fla.( 3d DCA 2024). A municipal ordinance prohibiting entry or remaining on a public beach during designated closing hours constitutes a public welfare offense requiring no proof of mens rea, and conviction is supported where evidence shows the defendant was present on a closed beach at a prohibited time.
Arbor Grove Dev., LLC v. ECS1, Inc., No. 3D24-1975( Fla. 3d DCA 2025). Assumption or satisfaction of a transferor’ s debts constitutes reasonable equivalent value under the Florida Uniform Fraudulent Transfer Act so summary judgment on a fraudulent transfer claim under the is improper where the transferee presents evidence that it assumed the transferor’ s mortgage debt and responsibility for contractor claims and liens.
Revah v. Revah, No. 4D2024-1992( Fla. 4th DCA 2025). A trustee fails has a duty provide statutorily compliant accountings under sections 736.0813( 1)( d) and 736.08135 and a postlitigation document dump of third-party financial records and unsworn ledgers filed over a year after suit commenced do not constitute reasonably understandable reports that adequately disclose the information required by section 736.08135( 2); failure to prepare proper accountings is itself a breach of fiduciary duty warranting damages.
Cmty. Redevelopment Agency v. Vita Lounge, LLC, No. 4D2024-2576( Fla. 4th DCA 2025). Florida law indemnification clauses apply only to liability for third-party claims absent clear and unambiguous language extending to disputes between the contracting parties so attorney ' s fees may not be awarded based on an indemnification provision in a request for proposal where the trial court ' s final judgment determined that selection of the winning proposer did not create a binding contract and the request for proposal expressly stated the parties would be contractually bound only upon execution of a written agreement.
Schlechter v. ARCPE Bahamas, LLC, Case Nos. 5D2024-1870 and 5D2024-1874, 2024 Fla.( 5th DCA 2024). Where creditor seeking prejudgment interest on adjustable-rate balloon promissory notes failed to present evidence of the required LIBOR index variable necessary to calculate the annual interest rates despite holding a trial solely to determine prejudgment interest, the trial court ' s judgment awarding prejudgment interest is reversed for lack of competent substantial evidence and remanded with instruction to remove the interest award.
Vernon v. Young, No. 5D2025-1922( Fla. 5th DCA 2025). The county court lacks subject matter jurisdiction over an unlawful detainer action when a defendant asserts an equitable interest in the subject property because the matter then sounds in ejectment over which circuit courts have exclusive jurisdiction under Florida Statutes section 26.012( 2)( f).
Massey Construction Group, Inc. v. Finch, P. A., Case No. 6D2024-1029, 2024 Fla.( 6th DCA 2024). Florida Statute section 768.79 governing offers of judgment and attorney fees does not apply to ancillary proceedings to enforce an equitable charging lien, and prevailing party status in such an equitable action does not authorize recovery of fees where the action seeks no damages and the opposing counsel were not parties to the underlying litigation.
PBCBA BAR BULLETIN 24