REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Richman v . Calzaretta , Case No . 5D21-1307 ( Fla . 5th DCA 2022 ). Florida Statute section 607.1604 ( 1 ) ( attorney ' s fees authorized for a shareholder obtaining corporate records ) does not authorize an award of fees incurred during garnishment proceedings .
Ortuzar v . Foley , Case No . 2D21-1262 ( Fla . 2d DCA 2022 ). The Landlord-Tenant Act awards attorney ' s under Florida Statute section 83.48 fees to a prevailing party who obtains a " judgment or decree " so a defendant is not entitled to attorney ' s fees when a plaintiff voluntarily dismisses a suit without a judgment or decree being entered .
Koung v . Giordano , Case No . 1D20-724 ( Fla . 1st DCA 2022 ). A pre-existing statutory obligation is not a per se condition of a settlement agreement and failure to comply with the statutory obligation does not vitiate the settlement agreement .
Mongelli v . Florida Health Sciences Center ,
Inc ., Case No . 2D21-3577 ( Fla . 2d DCA 2022 ). A trial judge ' s referral of a party ' s counsel to the local professionalism panel for counseling in professionalism and assistance in anger management and does not create a " well-founded fear " in the party represented by counsel that they would fail to receive a fair and impartial trial .
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Llanso v . SHEDDF2-FL3 , LLC , Case No . 3D21-783 ( Fla . 3d DCA 2022 ). A written credit agreement does not ensue if a borrower fails to comply with the conditions precedent for forming the agreement , and any oral agreements are barred by the Banker ' s Statute of Frauds under Florida Statute section 687.0304 .
Wilmington Trust , N . A . v . Serpa , Case No . 3D21-1835 ( Fla . 3d DCA 2022 ). Florida Statute section 201.08 ( 1 )( b ) precludes the enforcement of a mortgage , trust deed , or other instrument where documentary stamp taxes have not been paid , and upon proof of failure to pay , a trial court should abate the action or dismiss without prejudice to allow the lender to pay the outstanding tax .
Nazarova v . Nayfeld , Case No . 3D21-1940 ( Fla . 3d DCA 2022 ). An attorney ' s fees provision in a lease entitling a party to fees " to enforce the Lease " is not a broad-enough fees provision to allow for " fees for fees ," i . e ., litigation the amount of attorney ' s fees .
A . Alexis Varela , Inc . v . Pagio , Case No . 5D21-2077 ( Fla . 5th DCA 2022 ). The requirement that contractor ' s final affidavit under Florida Statute section 713.06 ( 3 )( d ) be delivered at least five days before filing suit requires that , when counting , either the beginning date or the terminal date be excluded .
Lecorps v . Star Lakes Association , Inc ., Case No . 3D21-2195 ( Fla . 3d DCA 2022 ). The board of directors of a seventeenbuilding consolidated condominium association may order a special assessment against all unit owners for the reconstruction of one building destroyed by fire and is not required to limit the assessment to the unit owners of the destroyed building .
District Advisory Board of The Southern Florida District , Church of The Nazarene , Inc . v . Centro de Alabanza Oasis West Palm Beach , Inc ., Case No . 4D21-756 ( Fla . 4th DCA 2022 ). The Ecclesiastical Doctrine prevents a court from intervening in the internal church decisions of a hierarchical church , including questions regarding real estate .
Massage Envy Franchising , LLC v . Doe , Case No . 5D20-1794 ( Fla . 5th DCA 2022 ). An agreement to arbitrate disputes is enforceable even if the arbitration provision is contained in electronic intake forms with which the user agreed through " clickwrap ."
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