REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Seven County Infrastructure Coalition v. Eagle County, Case No. 23 – 975( 2025). https:// www. supremecourt. gov / opinions / 24pdf / 23-975 _ m648. pdf Loper Bright Enterprises v. Raimondo, 603 U. S. 369, holds that court are not to defer to administrative agencies on legal questions but Seven County reinforces that it is proper for courts to defer to agencies on factual and procedural matters within agency expertise.
Kousisis v. United States, Case No. 23 – 909( 2025). https:// www. supremecourt. gov / opinions / 24pdf / 23-909 _ f2q3. pdf A defendant who induces a party to enter into a contract under materially false pretenses may be convicted of federal fraud even if the defendant did not cause or seek to cause economic loss to the victim.
Merritt Island Woodwerx, LLC v. Space Coast Credit Union, Case No. 24-10019( 11th Cir. 2025). https:// media. ca11. uscourts. gov / opinions / pub / files / 202410019. pdf A party that stymies a complainant in its attempts to compel arbitration cannot be later heard to complain if the complainant engages in litigation.
Otto Candies, LLC v. Citigroup Inc., Case No. 23-13152( 11th Cir. 2025). https:// media. ca11. uscourts. gov / opinions / pub / files / 202313152. pdf The Private Securities Litigation Reform Act ' s standard of " strong inference " of actual knowledge for securities fraud should not be applied to common law fraud claims, but instead knowledge and other conditions of a person’ s mind may be generally alleged under Federal Rule of Civil Procedure 9( b).
KAC 2021-1, LLC v. Hudson Sfr Property Holdings, LLC, Case No. 2D2023-1024( Fla. 2d DCA 2025). https:// 2dca. flcourts. gov / content / download / 2451353 / opinion / Opinion _ 2023-1024. pdf
The Landlord Tenant Act does not fall squarely within the statutory exemptions to the Florida Consumer Collections Practices Act as set forth in Florida Statute section 559.55( 7), and accordingly, it is error to dismiss a complaint on this basis when the complaint that does not contain sufficient facts to bring the claim within the exemptions.
Lamaze v. Guthrie, Case No. 4D2023-2885( Fla. 4th DCA 2025). https:// 4dca. flcourts. gov / content / download / 2451228 / opinion / Opinion _ 2023-2885. pdf A trial court must provide a corporation with a reasonable opportunity to obtain new counsel“ when a motion to withdraw is granted, even when the withdrawal occurs on the eve of trial,” and the time period to obtain counsel runs from the date of order permitting withdrawal and not from date of request.
Park Crossing Homeowners Association, Inc. v. Suarez, Case No. 4D2023-3116( Fla. 4th DCA 2025). A community association’ s pre-suit demand for mediation is not such a realistic threat of eviction sufficient to support a claim under 42 U. S. C. § 3604( f)( 1) of the Fair Housing Act.
Fakhoury v. Pintaluga, Case No. 4D2024- 1894( Fla. 4th DCA 2025). https:// 4dca. flcourts. gov / content / download / 2451241 / opinion / Opinion _ 2024-1894. pdf A defendant can be compelled to arbitrate tort claims when the claims are inextricably intertwined with operating agreements which contain arbitration provisions.
Berg v. Scurry, Case No. 2D2024-0845( Fla. 2d DCA 2025). https:// 2dca. flcourts. gov / content / download / 2451588 / opinion / Opinion _ 2024-0845. pdf A prevailing party designation and entitlement to attorney’ s fees are interrelated but not identical determinations, and a party
PBCBA BAR BULLETIN 21 seeking fees must file a motion for fees under Rule 1.525 unless the final judgment unequivocally determines entitlement to fees.
Davide v. AD Capital Collections, LLC, Case Nos. 3D23-0595; 3D23-1463; 3D24-0667 & 3D24-1531( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2451603 / opinion / Opinion _ 2023-0595. pdf A retirement account that is funded with assets from a different retirement account that was disqualified under the Internal Revenue Code is likewise disqualified as an exempt retirement account and neither account is exempt from claims of creditors under Florida Statute section 222.21( 2)( a).
569 NW 54th Street, LLC v. City of Miami, Case No. 3D24-1473( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2451619 / opinion / Opinion _ 2024-1473. pdf A party dissatisfied with an enforcement board special magistrate’ s order can either appeal that order or choose to be bound by it and bring a later action for inverse condemnation, however, it cannot attack the correctness of the order in the inverse condemnation case.
Michelis v. Nugent, Case No. 4D2024-0521( Fla. 4th DCA 2025). https:// 4dca. flcourts. gov / content / download / 2451595 / opinion / Opinion _ 2024-0521. pdf Florida Statute section 83.67( 6)(“ A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’ s fees.”) does not authorize a prevailing tenant be awarded“ fees for fees” under the guise that fees are“ costs” awarded by the statute.
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