REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Warner Chappell Music , Inc . v . Nealy , Case No . 22 – 1078 ( 2024 ). The Copyright Act ’ s three-year statute of limitations begins to run when a claim accrues but also entitles a copyright owner to obtain monetary relief for any timely infringement claim , no matter when the infringement occurred .
Consumer Fin . Prot . Bureau v . Cmty Fin . Services Association Of America , Ltd ., Case No . 22-448 ( 2024 ). The funding mechanism for the Consumer Financial Protection Bureau is upheld as constitutional .
Smith v . Spizzirri , Case No . 22 – 1218 ( 2024 ). The Federal Arbitration Act , 9 U . S . C . § 3 , mandates that courts must stay proceedings when parties agree to arbitration , provided the party requesting the stay is not in default .
Coinbase , Inc . v . Suski , Case No . 23 – 3 ( 2023 ). A court must decide which of two conflicting arbitration provisions in two contracts – one sending arbitrability disputes to arbitration and the other either explicitly or implicitly sending arbitrability disputes to the courts – controls .
Lee v . U . S . Bank Nat ' l Ass ' n , Case No . 21-13887 ( 11th Cir . 2024 ). The anti-modification provision of Chapter 11 , 11 U . S . C . § 1123 ( b )( 5 ), requires three things to be applied : a security must be in real property , the real property is the only security for the debt , and the real property is the debtor ’ s principal property ; there is no requirement the property be exclusively the debtor ’ s principal residence .
In Re : Amendments To Florida Rules of Civil
Procedure , Case No . SC2023-0962 ( Fla . 2024 ). The Florida Supreme Court adopts certain provisions of the Workgroup on Improved Resolution of Civil Cases and amends and adopts rules , including that Rule 1.200 ( Case Management ; Pretrial Procedure ) assigns cases to either complex , general , or streamlined tracks and details actions within the assignment ; Rule 1.201 ( Complex Litigation ) now refers back to Rule 1.200 on how to designate or redesignate a case as “ complex ” and specifies that motions for continuance are governed by Rule 1.460 ; Rule 1.280 ( General Provisions Governing Discovery ) adopts the initial disclosure scheme of Federal Rule 26 ( a ) ( 1 ), now requires proportionality in discovery , and new ( g ) institutes ongoing requirement to supplement or correct discovery responses ; Rule 1.440 ( Setting Action for Trial ) removes the “ at issue ” requirement for cases to be set for trial and requires a motion to set a case for trial , and Rule 1.460 ( Motions to Continue Trial ) now states that continuances are disfavored and should rarely be granted and also allows sanctions if there is dilatory conduct on the part of a lawyer or named party .
In Re : Amendments To Florida Rule Of Civil Procedure 1.510 And New Florida Rule of Civil Procedure 1.202 , Case No . SC2024-0662 ( Fla . 2024 ). The response to a summary judgment motion is now tied to the filing date of the motion and not the hearing date and new Rule 1.202 requires a “ meet and confer ” conference on non-dispositive motions .
In Re : Amendments To Florida Rule of Civil Procedure 1.061 and Form 1.983 , Case No . SC2023-1092 ( Fla . 2024 ). The Florida Supreme Court removes appellate standards of review from Rule 1.061 and corrects a statutory citation in Form 1.983 .
In Re : Amendments To Rules Regulating The Florida Bar – Miscellaneous Petition , Case No . SC2024-0030 ( Fla . 2024 ). The Florida Supreme Court amends Rules Regulating The Florida Bar 1-3.2 ( Membership Classifications ), 1-3.3 ( Official Bar Name and Contact Information ), 1-3.7 ( Reinstatement to Membership ), 1-7.3 ( Membership Fees ), 11-1.8 ( Continuation of Practice Program After Completion of Law School Program or Graduation ), 20-3.1 ( Requirements for Registration ), Bylaw 2-3.10 ( Meetings ) and Chapter 8 ( Lawyer Referral Rule ).
In Re : Amendments To Florida Rule of Appellate Procedure 9.130 , Case No . SC2023-
0438 ( Fla . 2024 ). Rule 9.130 ( a )( 3 )( H ) ( interlocutory review of nonfinal orders that confirm , deny , modify , correct , or vacate arbitration orders ) is moved to subsection ( a )( 3 )( I ).
Hamilton v . Citizens Property Insurance
Corporation , Case No . 3D23-1934 ( Fla . 3d DCA 2024 ). A violation of Florida Statute section 90.613 ( portions of a document that a witness relies on to refresh his or her recollection during his or her deposition testimony must be produced to the opposing party notwithstanding claims of privilege ) is remediable by certiorari .
Roque v . Swezy , Case No . 3D23-1836 ( Fla . 3d DCA 2024 ). Requiring the imaging and production of the entire contents of a party ’ s cellphone cannot be justified merely because it is the quickest and most efficient method to obtain the information sought ; a trial court directing the disclosure of private information must balance the right of privacy against the need for the discovery , and the burden is on the party seeking disclosure to establish that the invasion of privacy is warranted and the method requested is the least intrusive means to obtain the discovery sought .
Calixte v . Coastal Building Contractors , LLC , Case No . 4D2024-012 ( Fla . 4th DCA 2024 ). A party cannot employ Florida Statute section 713.24 ( lienor must show cause in 20 days why lien should not be discharged ) if the lien was not proper in the first place , e . g ., the lienor had not complied with the Notice to Owner requirements .
Hernando County v . Hernando County Fair Ass ' n , Inc ., Case No . 5D2023-1060 ( Fla . 5th DCA 2024 ). The Continuing Breach Doctrine applies to leasehold and sale of real property transactions , and if applied , extends the statute of limitations .
( Continued on the next page )
PBCBA BAR BULLETIN 20