REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Bariana v. Florida Health Sciences Center,
Inc., Case No. 2D2024-1355( Fla. 2d DCA 2025). https:// 2dca. gov / content / download / 2452127 / opinion / Opinion _ 2024-1355. pdf Florida Statute section 542.336( invalid restrictive covenants for physicians) voids restrictive covenants that would otherwise be valid as restriction of necessary medical services is“ not supported by a legitimate business interest.”
Sikes v. R. J. Reynolds Tobacco Company, Case No. 3D23-1124( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2452006 / opinion / Opinion _ 2023-1124. pdf A trial court’ s use of a“ randomized jury selection method” does not create reversible error unless appellant preserves jury selection issues for appeal by the standard method of exhausting peremptory challenges, identifying objectional jurors still on the jury panel, requesting and being denied additional peremptory challenge as to the objectionable juror, and objecting to the composition of the jury prior to the jury panel being sworn.
Paraiso CU-1, LLC v. PRH Paraiso Four, LLC, Case No. 3D23-1697( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2452010 / opinion / Opinion _ 2023-1697. pdf A cancellation provision in a preconstruction condominium purchase agreement which states that buyer is entitled to cancel within 15 days of receipt of the condominium documents( including the declaration) permits a buyer to cancel within 15 days of receipt of a new declaration which shows the asbuilt unit contracted in size.
Shaw v. Calles, Case No. 3D23-2133( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2452020 / opinion / Opinion _ 2023-2133. pdf Noneconomic nuisance damages must“ be specially stated” in the operative pleading under the principle that special damages must be“ particularly specified in a complaint in order to apprise the opposing party of the nature” of the damages claimed.
Chimouni v. Victory Avenir, LLC, Case No. 4D 2024-1133( Fla. 4th DCA 2025). https:// 4dca. flcourts. gov / content / download / 2451999 / opinion / Opinion _ 2024-1133. pdf Although hearsay, tax returns of a business entity are admissible under Florida Statute section 90.803( 18) as admissions or statements of a party opponent.
Bank of America, N. A. v. Richemond, Case No. 5D2023-1268( Fla. 5th DCA 2025). https:// 5dca. flcourts. gov / content / download / 2452139 / opinion / Opinion _ 2023-1268. pdf A court of equity may reform a written instrument to the extent that the parties’ intentions are not accurately expressed within the instrument due to either a mutual mistake or a unilateral mistake coupled with inequitable conduct by the other party, but the mistake must have occurred at the time the parties reduced the contract to writing.
Tillman Nature Preserve LLC v. Babush, Case No. 2D2024-1264( Fla. 2d DCA 2025). https:// 2dca. flcourts. gov / content / download / 2452280 / opinion / Opinion _ 2024-1264. pdf The Quiet Title Act, Florida Statutes Chapter 65, leaves it to the plaintiff to decide the defendants against whom it wishes to litigate quiet title claims against and bind, and accordingly, does not list indispensable parties to such an action.
Ammirabile v. Admiral ' s Port Condominium Association, Inc., Case No. 3D24-0470( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2452315 / opinion / Opinion _ 2024-0470. pdf A defendant pleading a Fabre v. Marin, 623 So. 2d 1182( Fla. 1993), defense does not
PBCBA BAR BULLETIN 22 admit liability by doing so and does not relieve a plaintiff from proving their case against the defendant.
InClaim, LLC v. Structural Wrap, LLC, Case No. 3D24-1082( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2452574 / opinion / Opinion _ 2024-1082. pdf The lack of personal service implicates due process concerns so a plaintiff who uses constructive service must strictly comply with statutory requirements and a trial court is required to determine whether the affidavit of search is legally sufficient and also whether the plaintiff conducted an adequate search to locate the defendant.
Veizaga v. Labrador, Case No. 3D24-1207( Fla. 3d DCA 2025). https:// 3dca. flcourts. gov / content / download / 2452570 / opinion / Opinion _ 2024-1207. pdf Florida Statute section 605.0106( 8)( a)( 2) of the Revised Limited Liability Company Act holds that a“ written operating agreement or other record” may admit a person“ as a member of a limited liability company... or [ confer ] other rights or powers of a member to the extent assigned... [ w ] ithout the execution of the operating agreement” if the person“ orally, in writing, or by other action such as payment for a limited liability company interest complies with the conditions for becoming a member or transferee as provided in the operating agreement.”
Gallery One Condominium Association, Inc. v. Terrace Gallery, LLC, Case No. 4D2023- 2681( Fla. 4th DCA 2025). https:// 4dca. flcourts. gov / content / download / 2452552 / opinion / Opinion _ 2023-2681. pdf The statute of limitations time period for an action to declare community association covenants as invalid run from the date of the recording of the covenants and not from the time a property owner acquires their unit.