REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Florida v . Georgia On Exceptions To Second Report of Special Master No . 142 , Case No . 19 – 511 ( 2021 ). In an original action in the Supreme Court , the state of Florida failed to prove by clear and convincing evidence that the collapse of its oyster fisheries was caused by the state of Georgia ’ s overconsumption of water from the Lake Lanier water system .
Facebook , Inc . v . Duguid , Case No . 19 – 511 ( 2021 ). A device must have the capacity either to store a telephone number using a random or sequential number generator or to produce a telephone number using a random or sequential number generator to qualify as an “ automatic telephone dialing system ” under the Telephone Consumer Protection Act , 47 U . S . C . § 227 ( a )( 1 ).
AMG Capital Management , LLC v . Federal Trade Commission , Case No . 19-508 ( 2021 ). Neither the text , structure nor the history of Section 13 ( b ) of the Federal Trade Commission authorizes the Commission to obtain court-ordered damages .
Moore v . Intuitive Surgical , Inc ., Case No . 19- 10869 ( 11th Cir . 2021 ). A trial court conducting a Daubert analysis may not conflate the reliability and qualifications prongs of the test .
O ’ Neal Constructors , LLC v . DRT America , LLC , Case No . 20-11045 ( 11th Cir . 2021 ). Service of a “ notice of a motion to vacate ” an arbitration award under 9 U . S . C . § 12 is not accomplished by emailing opposing counsel a “ courtesy copy ” of a memorandum in support of that motion where the party to be served does not expressly consent in writing to service by email .
Gil v . Winn-Dixie Stores , Inc ., Case No . 17- 13467 ( 11th Cir . 2021 ). Websites are not places of public accommodation under 42 U . S . C . § 12182 ( a ), and thus do not need to comply with the Americans with Disabilities Act .
Circuitronix , LLC v . Kinwong Electronic ( Hong Kong ) Co ., Ltd ., Case No . 19-12547 ( 11th Cir . 2021 ). Fed . R . Civ . P . 6 ( a )( 3 ) extends the time to file a document when the courthouse is closed , even if the document could have been filed electronically .
Hunstein v . Preferred Collection and Management Services , Inc ., Case No . 19- 14434 ( 11th Cir . 2021 ). It is a violation of the Fair Debt Collection Practices Act , 15 U . S . C . § 1692c ( b ), for a creditor to send debtor ’ s information to third parties ( including debt collection vendors ) for purposes of collecting a debt .
Reliable Restoration , LLC v . Panama Commons , L . P ., Case No . 1D20-32 ( Fla . 1st DCA 2021 ). The possibility of inconsistent verdicts between different courts adjudicating related lawsuits satisfies the irreparable harm requirement for seeking certiorari relief .
Lemos v . Sessa , Case No . 3D20-1362 ( Fla . 3d DCA 2021 ). An attorney may require in her engagement agreement that all disputes arising out of the representation , including malpractice claims , be subject to binding arbitration but may not require the client to pay - regardless of outcome - the fees and costs of the arbitration .
In Re : Amendments To The Florida Rules of Civil Procedure , The Florida Small Claims Rules , The Florida Rules of Appellate Procedure , and The Florida Family Law Rules of Procedure — Service , Case No . SC19- 2162 Documents that are served but not filed with the court must be served in accordance with Florida Rule of General Practice and Judicial Administration 2.516 ( Service of Pleadings and Documents ).
Baird v . Mason Classical Academy , Inc ., Case No . 2D20-2550 ( Fla . 2d DCA 2021 ). The nature of Florida ’ s Anti-SLAPP statute , Florida Statue section 768.295 , permits certiorari relief to review denials of motions to dismiss based on the statute , and requires the party accused of SLAPP violations to present a prima facie case for its actions at which time the burden shifts to the party claiming the SLAPP violation .
Dean Wish LLC v . Lee County , Florida , Case No . 2D19-4843 ( Fla . 2d DCA 2021 ). The Bert J . Harris , Jr . Private Property Rights Protection Act , Florida Statute section 70.001 , requires a claimant to be a present “ property owner " to be eligible for statutory relief under the Act .
Finlaw v . Finlaw , Case No . 2D19-3108 ( Fla . 2d DCA 2021 ). A specific limitation in a partnership agreement that shares of the partnership may be devised only to “ children ” controls over a general limitation in the agreement that shares may be devised only to “ lineal descendants ” and over instruction in testamentary instruments .
UATP Management , LLC v . Barnes , Case No . PBCBA BAR BULLETIN
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2D20-1301 ( Fla . 2d DCA 2021 ). The question of whether a contract to arbitrate has been formed is a threshold question for the trial court , and a trial court is empowered to determine whether an adult can agree to a contract to arbitrate for a minor who is neither her child nor legal ward .
Ranucci v . City of Palmetto , Case No . 2D20- 806 ( Fla . 2d DCA 2021 ). An annexation agreement between a city and landowners is subject to the five-year statute of limitations in Florida Statute 95.11 ( 2 )( b ) and the one-year limitation in section 95.11 ( 5 )( a ).
Friedberg v . O ' Doyle Rules , LLC , Case No . 2D20-1417 ( Fla . 2d DCA 2021 ). A real estate sales contract “ subject to ” a right of first refusal in favor of a third party requires the seller to notify the third party of any material changes to the contract and each material change gives the third party a new right of first refusal .
FM 3 Liquors , Inc . v . Bien-Aime , Case No . 3D20-1660 ( Fla . 3d DCA 2021 ). An agreement to make , renew or extend a lease or to sell a property that fails to specify either the price ( or definite procedure to establish same ) for the rental or sale is too indefinite to be legally binding and enforceable .
Lenmar Realty , LLC v . Sun Electric Works , Inc ., Case Nos . 4D19-3467 , 4D19-3468 and 4D19-3605 ( Fla . 4th DCA 2021 ). A landlord is entitled to obtain the rental monies deposited in a court registry pursuant to Florida Statute section 83.232 by filing a motion and without filing a pleading containing a cause of action directed at obtaining the funds .
Walton Plantation Master Association , Inc . v . Opo , LLC , Case No . 1D20-56 ( Fla . 1st DCA 2021 ). A party is not entitled to a prevailing party award of attorney ’ s fees based on a contract it claims never existed .
Richeson v . South ' s Custom Construction , Inc ., Case Nos . 5D20-1496 & 5D20-2399 ( Fla . 5th DCA 2021 ). Florida Statute section 701.04 ( 2 ) does not require a satisfaction of mortgage to be issued until the mortgage is fully satisfied .