REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Macquarie Infrastructure Corp . v . Moab Partners , L . P ., Case No . 22 – 1165 ( 2024 ). Failure to make a disclosure required under Item 303 of SEC Regulation S-K is not the kind of omission that supports a private securities fraud claim under Section 10 ( b ) of the Securities Exchange Act of 1934 .
Sheetz v . County of El Dorado , Case No . 22 – 1074 ( 2024 ). The Takings Clause applies to both legislative and administrative permit conditions , and accordingly , legislative conditions must pass muster under Nolan v . California Coastal Comm ’ n , 483 U . S . 825 ( 1987 ), and Dolan v . City of Tigard , 512 U . S . 374 ( 1994 ).
Devillier v . Texas , Case No . 22 – 913 ( 2024 ). The Taking Clause of the Fifth Amendment is self-executing with regard to compensation .
Al Zawawi v . Diss ( In Re Al Zawawi ), Case No . 22-11024 ( 11th Cir . 2024 ). 11 U . S . C . § 109 ( a ) does not apply to Chapter 15 cases and does not establish a prerequisite for the recognition of a foreign proceeding under 11 U . S . C . § 1517 .
RJ ’ S International Trading , LLC v . Crown Castle South , LLC , Case No . 22-11977 ( 11th Cir . 2024 ). The Eleventh Circuit certifies to the Florida Supreme Court the question of whether an attorney ’ s fees provision in a recorded easement runs with the land .
Holden v . Holiday Inn Club Vacations
Incorporated , Case No . 22-11014 ( 11th Cir . 2024 ). A report to a credit agency is not violative of the Fair Credit Reporting Act ( FCRA ), 15 U . S . C . § 1681s-2 , if it arises from a contractual dispute which the credit agency cannot objectively and readily verify .
In Re : Amendments To Rules Regulating The Florida Bar – Chapter 6 , Case No . SC2024- 0031 ( Fla . 2024 ). The Florida Supreme Court adopts changes to Rules Regulating The Florida Bar 6-3.14 ( Sunset of Certification Areas ),
6-10.2 ( Administration ), 6-10.4 ( Reporting Requirements ), 6-12.1 ( Basic Skills Course Requirement ), 6-12.2 ( Administration ), 6-12.5 ( Noncompliance and Sanctions ), 6-12.6 ( Reinstatement ), 6-12.7 ( Confidentiality ), and 6-12.8 ( Disciplinary Action ).
McNulty Lofts Condominium Association , Inc . v . WRH McNulty Garage , LLC , Case No . 2D23-536 ( Fla . 2d DCA 2024 ). Inconsistency in admitted documents , including as to location of real estate boundaries , will defeat summary judgment even under the amended summary judgment rule .
Helmick v . Taylor , Case No . 2D22-3658 ( Fla . 2d DCA 2024 ). Being listed in a marital settlement agreement as a creditor to be paid by a signatory to the settlement agreement does not render the creditor an intended thirdparty beneficiary that can sue to enforce payment under the settlement agreement .
Seneca Specialty Insurance Company v . Jade Beach Condominium Association , Inc ., Case No . 3D22-1290 ( Fla . 3d DCA 2024 ). An insurer is not required to satisfy a condition precedent of unsuccessfully suing the third parties that the insured released in order to plead a cause of action against the insured for interfering with subrogation rights .
Lemano Investments , LLC v . RGF Athena ,
LLC , Case Nos . 3D23-0695 and 3D23-0824 ( Fla . 3d DCA 2024 ). The Third District follows the Second and Fifth Districts and holds the Sole Actor Exception to the Adverse Interest Exception to the Imputation Rule does not apply if the business entity wholly entrusts the matter in dispute to its agent .
Facebook , LLC v . Grind Hard Holdings , LLC , Case No . 3D23-0948 ( Fla . 3d DCA 2024 ). Under Florida Statute section 48.193 ( 1 )( a ) 2 , a company ’ s violations of its own rules and procedures is not commission of a tort in this state which bestows long-arm jurisdiction .
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