REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
National Pork Producers Council v . Ross , Case No . 21 – 468 ( 2023 ). The California state requirement regarding treatment of pork producers does not violate the Dormant Commerce Clause under Pike v . Bruce Church , Inc ., 397 U . S . 137 ( 1970 ).
Dupree v . Younger , Case No . 22 – 210 ( 2023 ). A post-trial motion under Federal Rule of Civil Procedure 50 is not required to preserve for appellate review a purely legal issue resolved at summary judgment .
Sackett v . Environmental Protection Agency , Case No . 21 – 454 ( 2023 ). The Clean Water Act extends only to wetlands that have a continuous surface connection with “ waters of the United States ” such that that is difficult to determine where the “ water ” ends and the wetlands begins .
Tyler v . Hennepin County , Case No . 22 – 166 ( 2023 ). Government may seize and sell private property to pay taxes , but may not keep any of the proceeds of the sale over monies due the government and doing so violates the Takings Clause .
Calcutt v . Federal Deposit Insurance
Corporation , Case No . 22-714 ( 2023 ). An administrative agency such as the FDIC is bound by the record , including errors , it creates and a court reviewing the agency decision may not conduct its own review of the agency to see if substantial evidence supports the agency decision notwithstanding the agency ’ s error .
Chorwadi , Inc . v . City of Boynton Beach , Case No . 20-14694 ( 11th Cir . 2023 ). A hotel does not have prudential standing under Article III to bring First Amendment claims on behalf of its guests .
Global Network Management , Ltd . v . CenturyLink Latin American Solutions ,
LLC , Case No . 21-13719 ( 11th Cir . 2023 ). The owner of a data center may be liable under bailment theories for loss of equipment placed in the data center by a lessee , even if the lessee also has access .
The Florida Bar v . Rush , Case No . SC2020- 1685 ( Fla . 2023 ). Failure to file client ’ s instructions , even if the instructions work to the detriment of the attorney ’ s recovery of his fees , subjects the attorney to discipline .
Rosell v . VMSB , LLC , Case . 22-11325 ( 11th Cir . 2023 ). Federal Rule of Civil Procedure 41 can only be used to dismiss entire actions , not to dismiss some claims within an action .
Beckett-Morales v . Scheuer , Case No . 2D22- 781 ( Fla . 2d DCA 2023 ). An adjoining homeowner has no right to view of a subdivision lake unless the restrictive covenants provide for same .
Venus Concept USA , Inc . v . The Angelic Body , LLC , Case No . 2D22-1276 ( Fla . 2d DCA 2023 ). A non-signatory to a contract containing a forum selection clause may be bound by the clause if there is a significant relationship and clear nexus between the non-signatory and the claims encompassed by the contract containing the forum selection clause .
Rosenberg v . U . S . Bank , N . A ., Case No . 3D21-1065 ( Fla . 3d DCA 2023 ). The Third District distinguishes McGregor v . Fowler White Burnett , P . A ., 332 So . 3d 481 ( Fla . 4th DCA 2021 ), and holds the statute of limitations for claims under Florida Statute section 56.29 ( 3 ) extends to the life of the judgment and is not limited by the four-year statute of limitations under Florida ’ s Uniform Fraudulent Transfer Act , Florida Statutes Chapter 726 .
Shands v . City of Marathon , No . 3D21-1987 ( Fla . 3d DCA 2023 ). The ability to transfer development rights ( together with permission for beekeeping and camping ) are not sufficient to compensate a landowner and thus constitute a per-se as-applied regulatory taking under Lucas v . South Carolina Coastal Council , 505 U . S . 1003 ( 1992 ).
Funderdome , LLC v . Woolbright Development ,
Inc ., Case No . 4D21-3088 ( Fla . 4th DCA 2023 ).
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Under Hillcrest P . Corp . v . Yamamura , 727 So . 2d 1053 , 1056 ( Fla . 4th DCA 1999 ), a party cannot recover for alleged oral misrepresentations that are adequately covered or expressly contradicted in a later written contract , including alleged misrepresentation regarding the adequacy of parking in the leasehold context .
Naples Motorcoach Resort Homeowners Association , Inc . v . JG & M Properties , LLC , Case Nos . 6D23-91 , 23-159 and 23-417 ( 6th DCA 2023 ). A broker not being licensed under Florida Statute Chapter cannot serve as a predicate act for violation of the Florida Unfair and Deceptive Practices Act , Florida Statute section 501.201 .
In Re : Amendments To Florida Rules of General Practice and Judicial Administration 2.420 And 2.533 , Case No . SC2023-0014 ( Fla . 2023 ). The Florida Supreme Court revises the rules regarding confidentiality of court records and swearing of witnesses in court .
Wells Fargo Bank , N . A . v . Meininger , Case No . 2D21-1332 ( Fla . 2d DCA 2023 ). A party seeking an award of attorney ’ s fees must include evidence from the attorneys performing services or their contemporaneous billing ; it is not sufficient to rely solely on expert witness evidence .
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