REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Sunz Insurance Company v . USA ( In Re : Payroll Management , Inc .), Case No . 22- 12336 ( 11th Cir . 2025 ). A commercial tort claim converts into a contract when the claim has been settled and “ reduced to a contractual obligation to pay ” but a tax lien attaches at the time of issuance and will trump a tort claim not yet converted to a contract and contractual lien .
Guan v . Ellingsworth Residential Community Association , Inc . ( In Re : Ellingsworth Residential Community Association , Inc .), Case Nos . Nos . 21-12969 , 21-12971 , & 21- 13231 ( 11th Cir . 2025 ). Even though they do not have a profit motive , community associations are “ engaged in commercial or business activities ” and thus qualify to file for relief under Subchapter V of the Bankruptcy Code .
In Re : Amendments To Florida Rules of Civil Procedure , Case No . SC2023-0962 ( Fla . 2025 ). The Florida Supreme Court further amends the Rules of Civil Procedure , including revisions to Rules 1.340 and 1.350 to require that objections based on proportionality must be specific and contain reasoning , to Rule 1.350 to require discovery objections to state whether any documents are being withheld on the basis of the objection , and to Rule 1.280 to require initial disclosures to be filed before a party can initiate discovery .
Marshall v . Wilmington Savings Fund
Society , Case No . 4D2023-1904 ( Fla . 4th DCA 2024 ). Notice and an opportunity to be heard is all that is required to issue a sanction , the Florida Rules of Civil Procedure do not require a trial court to first issue an order to show cause .
KAC 2021-1 , LLC v . Mary T . Matuszak Irrevocable Trust , Case No . 4D2023-2269 ( Fla . 4th DCA 2025 ).
Claims under the Florida Consumer Collection Practices Act are not assignable .
Goodman v . Ningbo Litesun Electric Co .,
Ltd ., Case No . 4D2023-2709 ( Fla . 4th DCA 2025 ). A party who has receive an interlocutory order without required findings of fact and does not seek appellate review at that time must move for rehearing from the final judgment on that basis to preserve the issue for appellate review .
Atlantic Candy Company v . Yowie North America , Inc ., Case No . 5D2023-1513 ( Fla . 5th DCA 2025 ). Even considering the context and purpose of the contract , the following language does not require the utilization of and payment for patents :
Section 5 . Minimum Fees to Maintain Non-Exclusive Rights . In the event Yowie fails to meet the minimum fees for exclusivity and provided that Yowie is not in default of any agreements with Whetstone Chocolate Factory , Inc ., Whetstone , or Whetstone Industrial Holdings , Inc ., Yowie shall have the right to utilize the Patents and Technology on a nonexclusive basis (“ Non-Exclusivity ”), provided that the following Minimum Fees for Non-Exclusivity are paid to Whetstone by December 31 of each calendar year .
Realty Associates , LLC v . Yankiv , Case No . 2D2023-2132 ( Fla . 2d DCA 2025 ). A full signature is not necessary to bind a party to a contract as " a set of initials is just as effective to bind a party to an agreement as would be a full signature [ because ] there is no material difference whether a party to a contract executes it by affixing his initials or his complete signature ."
Illinois Union Insurance Company v .
McGinley , Case No . 2D2023-2260 ( Fla . 2d DCA 2025 ).
PBCBA BAR BULLETIN 22
A court cannot create jurisdiction by adding new parties and new claims after final judgment .
Bandklayder Development , LLC v . Sabga , Case No . 3D23-1906 ( Fla . 3d DCA 2025 ). The measure of damages for breach of a construction contract is the cost to make the defective work comply with the contract on the date of breach .
Pardes v . Pardes , Case No . 3D24-1947 ( Fla . 3d DCA 2025 ). A private judge appointed pursuant to Florida Statute section 44.104 who has entered an order of entitlement to attorney ’ s fees inherently retains jurisdiction to decide the quantum of attorney ’ s fees without a specific order extending his jurisdiction to do so .
Marshall v . Wilmington Savings Fund
Society , Case No . 4D2023-1904 ( Fla . 4th DCA 2024 ). Notice and an opportunity to be heard is all that is required to issue a sanction , the Florida Rules of Civil Procedure do not require a trial court to first issue an order to show cause .
KAC 2021-1 , LLC v . Mary T . Matuszak Irrevocable Trust , Case No . 4D2023-2269 ( Fla . 4th DCA 2025 ). Claims under the Florida Consumer Collection Practices Act are not assignable .
Goodman v . Ningbo Litesun Electric Co .,
Ltd ., Case No . 4D2023-2709 ( Fla . 4th DCA 2025 ). A party who has receive an interlocutory order without required findings of fact and does not seek appellate review at that time must move for rehearing from the final judgment on that basis to preserve the issue for appellate review .
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