JULY/AUG 2021 BAR BULLETIN July | August 2021 - Page 24

REAL ESTATE CORNER

REAL ESTATE CORNER

Florida Real Property and Business Litigation Report

MANUEL FARACH
Losch v . Nationstar Mortgage LLC , Case No . 20-10695 ( 11th Cir . 2021 ). A credit reporting agency that is notified of potentially inaccurate information in a consumer ’ s credit report may not rely merely on verification by the creditor and must conduct a reasonable investigation into the claimed inaccuracy .
Shipley v . Helping Hands Therapy , Case No . 19-13812 ( 11th Cir . 2021 ). A district court may not remand a case based on a procedural defect in removal when the motion to remand is untimely .
In Re : Amendments To Florida Rule of Civil Procedure 1.510 , Case No . SC20-1490 ( Fla . 2021 ). The Florida Supreme Court amends Florida Rule of Civil Procedure 1.510 by adopting Federal Rule of Civil Procedure 56 in its entirety .
The Florida Bar Re : Advisory Opinion — Out- Of-State Attorney Working Remotely from Florida Home , Case No . SC20-1220 ( Fla . 2021 ). Attorney not licensed in Florida who works exclusively for his out of state law firm through electronic means , does not have a Florida office , and does not serve Florida customers can practice from his Florida home without being barred in Florida .
Royal Caribbean Cruises , Ltd . v . Spearman , Case No . 3D18-2188 ( Fla . 3d DCA 2021 ). Although dicta due to the appeal being decided on the basis of the Two Issue Rule , the Third District explains Daubert analysis under Florida Statute section 90.702 .
Nuñez v . Aviv Air Conditioning , Inc ., Case No . 3D21-44 ( Fla . 3d DCA 2021 ). Statutory attorney ’ s fees are not awardable under Part I ( Non-Residential Tenancies ) of the Florida Landlord Tenant Act , Florida Statutes Chapter 83 .
Marchelos v . Adao , Case No . 4D18-1873 ( Fla . 4th DCA 2021 ). Interest on a promissory note must be calculated on a simple interest basis unless the note provides otherwise or a default occurs under a default interest rate provision .
Margate Community Redevelopment Agency New Urban Communities , LLC , Case No . 4D20-1763 ( Fla . 4th DCA 2021 ). Decisions on requests for land use plan amendments are discretionary governmental functions thus tort claims against local government based on denial of the request are barred by sovereign immunity .
Lake Pointe Trust Corporation v . Coleman , Case No . 4D21-518 ( Fla . 4th DCA 2021 ). Without proper notice advising that dismissal would be considered at the hearing , the entry of an order of dismissal at a status conference violates due process .
Quinn v . CCRC OPCO Freedom Square LLC , Case No . 2D20-2305 ( Fla . 2d DCA 2021 ). Certiorari relief is not available regarding the selection of an arbitrator because the defect in selection , if any , can be remedied on plenary appeal .
Mishpaja Shajine , Inc . v . Granada Insurance Company , Case No . 3D20-956 ( Fla . 3d DCA 2021 ). A party has a liberal right to amend its answer and affirmative defenses , including at a hearing for summary judgment , unless the party seeking to amend has abused the privilege to amend , the opposing party would be prejudiced by the amendment , or the amendment would be futile .
Bondar v . Town of Jupiter Inlet Colony , Case No . 4D19-2118 ( Fla . 4th DCA 2021 ). Property owners prevented from renting their home on a short-term basis by a municipality do not have a substantive due process claim because the right to rent properties to others is not a fundamental right and likewise do not have an equal protection claim unless the municipality acted with a discriminatory purpose .
Wells Fargo Bank , N . A . v . Tan , Case No . 4D20-613 ( Fla . 4th DCA 2021 ). Florida Statute section 702.036 ( courts are prevented , under certain circumstances , from granting relief which “ adversely affects the quality and character of title ”) applies even if the underlying judgment is void .
Refaie v . Bayview Loan Servicing , LLC , Case No . 2D19-4780 ( Fla . 2d DCA 2021 ). The time to seek disbursement of surplus foreclosure sale proceeds under Florida Statute section 45.032 is sixty days from the certificate of disbursements , and the time period does not change even if the initial certificate of title is incorrect and is later amended .
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Soknoh Partners , LLC v . Audio Visions South , Inc ., Case No . 2D20-324 ( Fla . 2d DCA 2021 ). Summary judgment is not proper when question remains whether a buyer of real estate had implied actual notice under Florida Statute section 695.01 of a parking easement over the real property being purchased .
Castellanos v . Reverse Mortgage Funding LLC , Case No . 3D20-472 ( Fla . 3d DCA 2021 ). The Third District recedes from Suchman Corp . Park , Inc . v . Greenstein , 600 So . 2d 532 Fla . 3d DCA 1992 ), and holds the reciprocal prevailing party fee provision of Florida Statute section 57.105 ( 7 ) applies to nonrecourse loans .
Stern v . Department of Business & Professional Regulation , Case No . 4D19- 3836 ( Fla . 4th DCA 2021 ). A conviction for violation of Section 1 of the Sherman Antitrust Act , 15 U . S . C . § 1 , by conspiring to restrain trade through suppressing competitive bidding on foreclosed properties does not automatically create a violation of Florida Statute section 475.25 ( 1 )( f ) and thus revocation of a real estate sales license .
Point Conversions , LLC Omkar Hotels , Inc . d / b / a Sleep Inn & Suites , Case Nos . 1D19- 4290 , 1D19-4361 , 1D19-4362 , 1D19-4363 , 1D19- 4366 , 1D19-4371 , 1D19-4374 , 1D19-4375 , 1D19- 4377 , and 1D19-4402 ( Fla . 1st DCA 2021 ). A breach of license suit based upon appropriation of a patent is fundamentally a patent dispute over which the federal courts have exclusive federal jurisdiction ; conflict certified with Point Conversions , LLC v . WPB Hotel Partners , 46 Fla . L . Weekly D489 , 2021 WL 822853 ( Fla . 4th DCA Mar . 3 , 2021 ) ( motion for reh ’ g pending ).
Summerland Key Cove Park , LLC v . Murphy , Case No . 3D19-801 ( Fla . 3d DCA 2021 ). Language on a plat granting an easement does not precluded the imposition of any restrictions on the easement , and remand is necessary for a determination whether the imposed restrictions are reasonable .
Dov v . Nirestates , LLC , Case No . 3D19-1358 ( Fla . 3d DCA 2021 ). Defendant who was never served with process , filed an answer objecting to jurisdiction of the court , objected to being deposed , objected to trial while calling no witnesses at trial is not liable on a judgment even though she filed an answer .