REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
5200 Enterprises Limited v . City of New
York , Case No . 20-13753 ( 11th Cir . 2022 ). New York law does not recognize continuing trespasses against municipalities , and accordingly , the City of New York is not responsible under trespass for contaminating property owned by the Debtor .
Acheron Capital , Ltd . v . Mukamal , Case No . 21-13052 ( 11th Cir . 2022 ). An interim order directing a courtappointed trustee to sell the assets of a failed investment scheme is not a final decision under 28 U . S . C . § 1291 nor a refusal to wind up a receivership under 28 U . S . C . § 1292 and thus not capable of interim appeal .
United States Trustee Region 21 v . Bast Amron LLP ( In Re : Mosaic Management Group , Inc .), Case No . 20-12547 ( 11th Cir . 2022 ). The amendments to 28 U . S . C . § 1930 ( a )( 6 ) ( increasing fees paid to the U . S . Trustee ) are applicable to all pending cases .
Hoffman v . Signature Bank of Georgia ( In Re : Hoffman ), Case No . 20-12823 ( 11th Cir . 2022 ). Roth IRAs are exempt from the claims of creditors under Georgia exemption laws .
Vital Pharmaceuticals , Inc . v . Alfieri , Case No . 20-14217 ( 11th Cir . 2022 ). Presumptions of irreparable harm are ordinarily disfavored in the context of a preliminary injunctions in federal court , including applying to the statutory presumptions in Florida Statute section 542.335 .
In Re : Amendment To Florida Rule of Appellate Procedure 9.130 , Case No . SC21- 129 ( Fla . 2022 ). Florida Rule of Civil Procedure 9.130 is amended to include new subdivision ( a )( 3 )( G ) permitting non-final appeals of nonfinal orders that grant or deny a motion for leave to amend to assert a claim for punitive damages .
Hayslip v . U . S . Home Corporation , Case No . SC19-1371 ( Fla . 2022 ).
A covenant in a master deed from a project developer requiring arbitration of all claims against the developer “ touches and concerns the land ” and thus runs with the land and is enforceable against later purchasers of the property .
Seaside Town Council , Inc . Seaside Community Development Corp ., Case No . 1D19-755 ( Fla . 2d DCA 2021 ). An entity that has been assigned rights of community associations formed under Florida Statutes Chapter 720 may enforce the restrictive covenants of the associations .
GE Real Estate Services , Inc . v . Mandich Real Estate Advisors , Inc ., Case No . 3D21- 125 ( Fla . 3d DCA 2021 ). One may not enforce a non-circumvention agreement against a non-signatory to the agreement .
Enviropower Renewable Inc . v . Ritger , Case No . 3D21-0162 ( Fla . 3d DCA 2021 ). A general contractual waiver of rights to delay enforcement does not waive the right to a hearing on a deficiency judgment .
Buzby v . Turtle Rock Community Association ,
Inc ., Case No . 2D21-1377 ( Fla . 2d DCA 2022 ). Professionals , including doctors and lawyers , are entitled to expert witness fees when testifying as an expert , i . e ., when evaluating the work of others but not describing historical facts from personal knowledge .
GG Investment Realty , Inc . v . South Beach Resort Development , LLC , Case No . 3D20- 1033 ( Fla . 3d DCA 2022 ). A party fraudulently induced into a contract may choose the remedy of rescission , thereby rejecting the contract , or damages , thereby reaffirming the contract and seeking damages arising from the tort .
Florida Department of Transportation v . Lauderdale Boat Yard , LLC , Case No . 4D20-1184 ( Fla . 4th DCA 2022 ). Only those waters which were navigable
when Florida joined the union are sovereign lands which grant abutting owners riparian rights , and dredging upland so that it is covered by water does not make the dredged waters navigable nor lands which contain riparian rights .
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