REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Chewy , Inc . v . Covetrus , Inc ., Case No . 4D2023-2967 ( Fla . 4th DCA 2024 ). An affidavit in support of a motion for protective order under Florida Rule of Civil Procedure 1.280 ( h ) ( Apex Doctrine ) must “ explain the officer lacks unique , personal knowledge of the issues being litigated ,” i . e ., the affidavit must demonstrate the officer does not have knowledge which cannot be obtained from lesser officials or documents .
Marlin Construction Group , LLC v . Bollinger , Case No . 6D23-810 ( Fla . 6th DCA 2024 ). A salesman for a roofing company is not a “ contractor ” nor engaged in “ contracting ,” and accordingly , is not required to have a roofing contractor ’ s license to sue for unpaid commissions .
Jon M . Hall Company , LLC v . Canoe Creek Investments , LLC , Case No . 2D23-1368 ( Fla . 2d DCA 2024 ). Failure to suit against a surety within sixty days after a construction lien is transferred to bond during a proceeding extinguishes the lien claim under Florida Statute section 713.22 ( 2 ); Woolems , Inc . v . Catalina Caststone Creations , Inc ., 358 So . 3d 1265 , 1266-67 ( Fla . 3d DCA 2023 ), is distinguished on the basis of the relation-back doctrine .
Florida Roads Trucking , LLC v . Zion Jacksonville , LLC , Case No . 5D23-2094 ( Fla . 5th DCA 2024 ). While equitable estoppel may generally allow a non-signatory to an arbitration agreement to compel arbitration , the subject matter must still be one the underlying parties agreed to arbitrate .
OptumRx v . King ' s Drugs , Inc ., Case No . 2D2023-0096 ( Fla . 2d DCA 2024 ). State courts have jurisdiction over cases controlled by the Federal Arbitration Act and 9 U . S . C . § 4 ( 2018 ) of the FAA authorizes state as well as district courts to compel arbitration .
Lyons Heritage of Tampa , LLC v . Phillips , Case No . 2D2023-1313 ( Fla . 2d DCA 2024 ). A final judgment which contains a general reservation of jurisdiction to enter further orders but does not specifically find entitlement to attorney ’ s fees does not extend the thirty-day requirement of Florida Rule of Civil Procedure 1.525 to file a motion for entitlement within thirty days of judgment .
Grossfeld v . Security National Mortgage
Company , Case No . 3D23-600 ( Fla . 3d DCA 2024 ). A mortgage on entireties property signed by only one spouse is not effective but becomes effective if the property loses its entireties character , and accordingly , is effective after foreclosure when the property has lost is entireties character .
Blue Water Coast Services , LLC v . Maize , Case No . 4D2022-252 ( Fla . 4th DCA 2024 ). A trial court is not permitted to reverse a jury verdict based on juror emotions , mental processes , or mistaken understanding of the effect of the verdict .
HCA Health Services of Florida , Inc . v .
Berlin , Case No . 4D2022-2652 ( Fla . 4th DCA 2024 ). So long as a motion under Florida Rule of Civil Procedure 1.525 was timely filed , failure to timely set the motion for hearing does not waive the right to claim fees .
KMG Properties , LLC v . Owl Construction ,
LLC , Case No . 2D2023-1769 ( Fla . 2d DCA 2024 ). Florida Statute section 48.191 ( 3 ) allows a process server to serve any representative of the registered agent but service under section 49.193 ( 4 ) ( when registered agent “ is temporarily absent from his or her office ”) requires service on an employee of the registered agent .
Tower Hotel , LLC v . City of Miami , Case No . 3D23-0285 ( Fla . 3d DCA 2024 ). While equitable estoppel is sparingly applied to governmental entities , its use is permitted when the ability to issue permits to avoid demolition within a time frame lies with the governmental entity and the entity was responsible for the delay .
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PBCBA BAR BULLETIN 24