REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Wilkins v . United States , Case No . 21 – 1164 ( 2023 ). The twelve-year bar of the Quiet Title Act , 28 U . S . C . § 2409a ( g ), is a non-jurisdictional claims-processing rule .
Axon Enterprise , Inc . v . Federal Trade
Commission , Case No . 21 – 86 ( 2023 ). The interagency-review processes of the Securities Exchange Act and Federal Trade Commission Act do not eliminate the district court ’ s jurisdiction over claims that the inter-agency process is unconstitutional .
MOAC Mall Holdings LLC v . Transform Holdco , LLC , Case No . 21 – 1270 ( 2023 ). The statutory mootness provision of 11 U . S . C . 365 ( m ) is not jurisdictional , and absent a stay order , can be reviewed on appeal .
In Re : Amendments To Florida Rule of Civil Procedure 1.453 , Case No . SC2022- 0803 ( Fla .). The Florida Supreme Court codifies the procedure for trial testimony to be read back to a jury .
Furst v . Rebholz , Case No . SC2020-1479 ( Fla . 2023 ). Only that portion of homestead property used for residential purposes by the homeowner is deemed homestead under the Florida Constitution , and portions rented out to third persons are properly treated as non-homestead by the property appraiser for the county .
In Re : Amendments To Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule Procedure 12.530 , Case No . SC2022- 0756 ( Fla . 2023 ). Rule 1.530 is amended to provide that a trial court ’ s failure to make required findings of fact must be raised in a Motion for Rehearing under this rule before the issue can be considered on appeal .
Maddan v . Okaloosa County , Case No . 1D22- 699 ( Fla . 1st DCA 2023 ). The statute of limitations for trespass caused by water flows is ascertained first by determining whether the injury ( i . e ., damages ) is temporary or permanent , and if permanent , whether suit was timely brought for all ( both past and future ) injuries .
Crosby v . Town of Indian River Shores , Case No . 4D22-439 ( Fla . 4th DCA 2023 ). Florida ’ s Anti-SLAPP statute , Florida Statutes 768.29 , prevents retribution against individuals and non-governmental entities but does not protect the government .
Johnson v . Bank of America , N . A ., Case No . 1D21-2781 ( Fla . 1st DCA 2023 ). A reverse-mortgage lender on a life estate which paid off prior mortgages as part of the reverse loan may obtain an equitable lien on the property for the amount of the paid-off mortgages so that the beneficiaries of the life estate do not obtain a windfall .
Ferry v . E-Z CASHING , LLC , Case No . 2D22- 1201 ( Fla . 2d DCA 2023 ). Note and mortgage instruments merge into a foreclosure judgment but assignment of rents under Florida Statute section 697.07 do not .
Chowdhury v . BankUnited , N . A ., Case No . 3D22-378 ( Fla . 3d DCA 2023 ). A lender owes no fiduciary duty to a borrower , including no duty to pay off an outstanding debt by negotiating or accepting an unreasonable third-party offer to purchase the borrowers ’ business .
Woolems , Inc . v . Catalina Caststone Creations ,
Inc ., Case No . 3D22-770 ( Fla . 3d DCA 2023 ). A Motion to Amend a counterclaim eliminates the obligation to timely file suit under Florida Statute sections 713.22 ( 1 ) and ( 2 ).
F . R . Aleman & Associates , Inc . v . EAC Consulting , Inc ., Case No . 3D22-1306 ( Fla . 3d DCA 2023 ). An agreement between parties to have arbitrators determine the amount of attorney ’ s fees is enforceable upon confirmation of the arbitration award .
Regions Bank v . Austin & Laurato , PA , Case PBCBA BAR BULLETIN
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No . 5D22-567 ( Fla . 5th DCA 2023 ). A notice of voluntary dismissal filed after summary judgment hearing is void .
Northshore Holdings , LLC v . Walton County , Case No . 1D22-895 ( Fla . 1st DCA 2023 ). A declaratory action seeking a determination whether the Doctrine of Customary Use ( the public can use privately owned property under certain circumstances ) is unconstitutional is not proper if the county where plaintiffs are located has adopted the Doctrine pursuant to Florida Statute section 163.035 .
Thayer v . Hawthorn , Case No . 4D22-244 ( Fla . 4th DCA 2023 ). A deed by a spouse conveying the property to herself and her husband as tenants in common does not waive homestead rights unless such waiver is explicitly set forth in the deed .
Toth v . Toth , Case No . 4D22-2628 ( Fla . 4th DCA 2023 ). The Principle of Priority ( Florida should stay a pending Florida action if the same suit was first filed elsewhere ) does not require complete identity of parties and causes of action in order to be applied .
Sorhegui v . Park East Owners Association , Inc ., Case No . 3D23-0448 ( Fla . 3d DCA 2023 ). The allegation that the opposing counsel ’ s law firm hosted a judicial fundraiser for a trial judge , coupled with proof of adverse rulings and de minimus campaign contributions , is legally insufficient to warrant disqualification of the trial judge .
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