REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
1000 Brickell , Ltd . v . City of Miami , Case No . 3D20-1046 ( Fla . 3d DCA 2022 ). A fee simple determinable deed to a local government is controlled by the time limitations of Florida Statute section 689.18 , not section 95.36 ( 1 ), and thus an action to enforce the deed ’ s reverter clause is of unlimited duration and not subject to a statute of limitations .
The City of Cocoa v . The Villas of Cocoa Village , LLC , Case No . 5D21-2208 ( Fla . 5th DCA 2022 ). A Request for Proposal (“ R . F . P .”) is not a contract and the “ winner ” of a R . F . P . only wins the right to negotiate for a binding contract , i . e ., is not guaranteed that a binding contract will ensue .
Crawford v . Grubb , Case No . 2D21-735 ( Fla . 2d DCA 2022 ). The summary procedure process of Florida Statute section 83.60 only applies to actions seeking eviction for nonpayment of rent ; the summary procedure process of section 83.59 ( including therein the right to discovery and trial ) otherwise applies .
Hornsleth v . McCloud , Case No . 2D21-2074 ( Fla . 2d DCA 2022 ). The CDC Moratorium prevented evictions only for the non-payment of rent .
City of Homestead v . United States of America , Case No . 3D21-1280 ( Fla . 3d DCA 2022 ). A proceeding under the Bert J . Harris , Jr ., Private Property Rights Protection Act is legislative action , and accordingly , aggrieved parties can only seek appellate remedies by filing a petition for certiorari in the circuit court .
Aersale v . Total Air Services , Inc ., Case No . 3D21-1882 ( Fla . 3d DCA 2022 ). Fuel liens under Florida Statute section 329.41 are non-possessory liens , i . e ., the lienor need not possess the aircraft in order for the lien to attach , and the recent change to statute merely clarified existing law and was not a change .
Petro Welt Trading Ges . m . b . H v . Brinkmann , Case No . 2D20-3570 ( Fla . 2d DCA 2022 ). The Florida Supreme Court ' s reception adoption of the Apex Doctrine is not grounds for issuance of a writ of certiorari on a discovery decision as parties are free to reargue the issue back in the trial court .
Addit , LLC v . Hengesbach , Case Nos . 2D21- 673 , 2D21-674 ( Fla . 2d DCA 2022 ). An arbitration provision which is procedurally unconscionable and substantively unconscionable in some regards is still enforceable if the substantively unconscionable portions are severed pursuant to the agreement ' s severance clause .
Ross-Williams v . Leali , Case No . 3D21-2259 ( Fla . 2d DCA 2022 ). A receiver appointed pursuant to Florida Statute sections 56.10 and 56.29 to collect a judgment cannot broaden her authority into a plenary receivership over the judgment debtor .
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PBCBA BAR BULLETIN 23