REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Taveras v . Bank of America , N . A ., Case No . 22-11355 ( 11th Cir . 2024 ). A federal court examines the following factors when deciding whether to abstain under the Colorado River Doctrine : whether one of the courts has assumed jurisdiction over property , the inconvenience of the federal forum , the potential for piecemeal litigation , the order in which the fora obtained jurisdiction , whether state or federal law will be applied , the adequacy of the state court to protect the parties ’ rights , and the vexatious or reactive nature of either the state or federal litigation .
In Re : Amendments To Florida Rules of Civil Procedure - Forms 1.996 ( A ) and 1.996 ( B ), Case No . SC2022-1275 ( Fla . 2024 ). The Florida Supreme Court amends foreclosure judgment forms to permit the correct statutory judgment rate , to include language regarding the Protecting Tenants at Foreclosure Act , and to clarify jurisdiction when there are unclaimed funds .
Promenade Charters V . I ., Ltd . v . Caribbean Insurers Marine Limited , Case No . 3D22- 1324 ( Fla . 3d DCA 2024 ). A contract must require payments to be made in Florida in order to use Florida Statute section 48.193 ( 1 )( a )( 7 ) ( breach of a contract required to be performed in Florida ) as the basis for long-arm jurisdiction .
Tesla , Inc . v . Monserratt , Case No . 4D2023- 2075 ( Fla . 4th DCA 2024 ). Once a corporation establishes a person is a high-level officer and produces the declaration under Florida Rule of Civil Procedure 1.280 ( h ), a trial court is required to issue a protective order unless the party seeking the deposition demonstrates exhaustion of other discovery , that such discovery was inadequate , and that the proposed deponent has unique and personal knowledge of discoverable information .
Fleetwing v . Corporation Ricketts , Case No . 6D23-948 ( Fla . 6th DCA 2024 ). A party seeking general damages for breach of a settlement agreement must file a separate suit unless the general damages were specified in the settlement agreement .
Pro-Karting Experience , Inc . v . 34th Street ,
LLC , Case No . 2D22-2577 ( Fla . 2d DCA 2024 ). An order which requires the payment of money but does not contain “ for which let execution issue ” language and which contemplates further judicial labor is not a final order capable of being appealed and must instead be reviewed by writ of certiorari .
Dejanovic v . Block , Case No . 3D22-1941 ( Fla . 3d DCA 2024 ). An order which resolves only part of a civil lawsuit and requires a party to make interim payment even though there remain unresolved and intertwined factual matters is remediable by writ certiorari .
John Knox Village of Central Florida , Inc . v . Estate of Alma Jane Lawrence , Case No . 5D22-1867 ( Fla . 5th DCA 2024 ). The Fifth District re-affirms its previous holding that a trial court does not need to make affirmative findings under Florida Statute section 768.72 ( 1 ) in order to allow pleading for punitive damages .
Kirkpatrick Trust v . Lakeview Loan Services ,
LLC , Case No . 5D23-0152 ( Fla . 5th DCA 2024 ) Hearing and ruling upon an unscheduled motion during a case management conference violates the objecting party ’ s due process rights .
Wallace v . Nationstar Mortgage , LLC , Case No . 2D23-926 ( Fla . 2d DCA 2024 ). Business records from a third party company are admissible under Florida Statute section 90.803 ( 6 )( a ) so long as there is a business relationship between the proponent of the records and the third party and the proponent can verify the accuracy of the records .
Parque Towers Developers , LLC v . Pilac Management , Ltd ., Case Nos . 3D21-1365 , 3D21-1366 , 3D21-1367 , 3D21-1368 , & 3D21-
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1369 ( Fla . 3d DCA 2024 ). A developer cannot be held responsible under breach of contract for failure to timely deliver completed condominium units when the pre-construction condominium sales contract states "[ s ] eller estimates it will substantially complete construction of the Unit , in the manner specified in this Agreement , by December 31 , 2017 , subject to extensions resulting from ' Force Majeure ' ( the ' Outside Date ')."
Irwin v . Signal Safe , Inc ., Case No . 3D22- 2121 ( Fla . 3d DCA 2024 ). Florida Constitution Article X , Section 13 and Florida Statute section 768.28 ( 1 ) provide that absent scienter , state employees are insulated from personal liability for torts committed within the scope of employment but suits against the State may continue within sovereign immunity limits .
Rushmore Loan Management Services , LLC v . Kavoll , Case Nos . 4D2022-3446 & 4D2023-1234 ( Fla . 4th DCA 2024 ). A party objecting to the opposing party ’ s substantial compliance with a condition precedent must establish how they were prejudiced by the lack of complete compliance .
Paquin v . Campbell , Case No . 5D22-2859 ( Fla . 5th DCA 2024 ). Non-signatories may be bound to arbitrate under agreements they did not sign under theories of incorporation by reference , assumption , agency , veil piercing / alter ego , and estoppel .
Wilde Cypress Branch v . Hamilton , Case No . 6D23-1412 ( Fla . 6th DCA 2024 ). Florida Statutes section 403.412 ( 9 )( a ) precludes a " local government regulation , ordinance , code , rule , comprehensive plan , charter , or any other provision of law " from " recogniz [ ing ] or grant [ ing ] any legal rights to a plant , an animal , a body of water , or any other part of the natural environment that is not a person or political subdivision .”
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