REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Desbrunes v . US Bank National Association , Case No . 4D2022-2647 ( Fla . 4th DCA 2024 ). Upon Appellee ’ s Motion For Rehearing , Or Alternatively , Motion For Rehearing En Banc Or Certification , the Fourth District holds that property in foreclosure that was the decedent ’ s homestead does not need to have a legal representative of the decedent , e . g ., a personal representative , be appointed because homestead passes outside any administration of the decedent ’ s estate .
Grove Harbour Marina and Caribbean Marketplace , LLC v . Grove Bay Inv . Group ,
LLC , Case No . 3D21-0806 ( Fla . 3d DCA 2024 ). Upon rehearing and applying the previous Rule 1.510 standard set forth in Holl v . Talcott , 191 So . 2d 40 , 43 , 47 ( Fla . 1966 ), the Third District rules that vague sketches are not adequate for granting summary judgment on a contract in dispute over the scope and location of real estate improvements .
Rainess v . Jose Perez 1031 4 , LLC , Case No . 3D22-1033 ( Fla . 3d DCA 2024 ). A tax collector fails to complete the additional searches required for a tax deed sale under Florida Statute section 197.522 when it fails to notify the owner at his New York address even though the tax collector had the owner ’ s New York address in its files .
5051 NW 37 Avenue Corp . v . IES Sales and Service , LLC , Case No . 3D23-1120 ( Fla . 3d DCA 2024 ). Florida Statute section 82.232 allows courts to extend payment dates for deposit of rent into court registries , but not retroactively after the payment deadline has passed .
Abreu v . Aurora Loan Services , LLC , Case No . 3D23-1319 ( Fla . 3d DCA 2024 ). Rule 1.540 is not designed to correct legal errors , including whether a trial court had continuing jurisdiction over a settlement agreement .
Carnevale v . Shir , Case No . 3D24-0351 ( Fla . 3d DCA 2024 ). Mandamus can be used to compel the entry of routine court orders , but cannot force a court to enter an order granting summary judgment .
Mackensen v . Trace Elements , Inc ., Case No . 4D2023-1707 ( Fla . 4th DCA 2024 ). A joint settlement proposal is enforceable when it involves a unified claim for damages without conflict among the offerors .
South Wild Olive , LLC v . Total Maint . Services , LLC , Case No . 5D2023-1393 ( Fla . 5th DCA 2024 ). Florida Statute section 57.105 sanctions are justified against an unlicensed contractor who sues for breach of a construction contract knowing it was unlicensed at the time of entering into the contract .
Real Capital Partners , LLC v . Alhambra Center Int ' l , Ltd ., Case No . 3D23-0833 ( Fla . 3d DCA 2024 ). Applying the new summary judgment standard , a trial court can properly conclude that a broker is not entitled to a procuring cause commission for bringing a buyer when a different broker later brought the same buyer to seller and consummated the sale .
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