REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Mohler v . Elliott , Case No . 2D21-2276 ( Fla . 2d DCA 2022 ). A partial final summary judgment which permits execution while other claims remain pending is subject to certiorari review because the judgment debtor would not have the ability to post a supersedeas bond while he appealed the case .
Hayes v . Monroe County , Case No . 3D21- 0632 ( Fla . 3d DCA 2022 ). A special magistrate ’ s order on a code enforcement hearing which does not contain factual and legal findings under Florida Statue section 162.21 ( 8 ) departs from the essential requirements of law and is subject to being overturned on second level certiorari review .
Sarasota County v . Southern Underground Industries , Inc ., Case No . 2D20-2491 ( Fla . 2d DCA 2022 ). Although " no damages for delay " clauses are recognized as enforceable provisions in construction contracts , they will not be enforced in the face of governmental " fraud , bad faith , or active interference " with performance under the contract .
Riano v . Bank of America , N . A ., Case Nos . 3D20-1260 and 3D20-1473 ( Fla . 3d DCA 2022 ). There is no independent cause of action for a lender ’ s failure to provide a loan modification agreement under Home Affordable Modification Program ( HAMP ).
BMC Southwood LLC v . Monochelli , Case No . 3D20-1371 ( Fla . 3d DCA 2022 ). A party is not bound to the mandatory arbitration provisions of the Condominium Termination Act , Florida Statute section 718.117 ( 16 ), if it alleges claims not covered by Florida Statute section 718.1255 ( 1 ).
Campbell v . Harper ' s Air Inc ., Case No . 3D21-0750 ( Fla . 3d DCA 2022 ). A release which releases a party and his “ employer ” is interpreted to mean “ employer ” at the time of the incident culminating in the release and is not affected by the released party having left employment at the time of the release .
Morrison v . Smolarick , Case No . 2D20- 2693 ( Fla . 2d DCA 2022 ). Money damages may not be awarded in partition actions under Florida Statutes Chapter 64 .
Shanks v . Bergerman , Case No . 2D20-3431 ( Fla . 2d DCA 2022 ), Florida Statute section 95.051 ( 1 )( f ) ( statute of limitation period on debt tolled for five years from "[ t ] he payment of any part of the principal or interest of any obligation or liability founded on a written instrument ") does not require a written or recorded agreement to toll the statute of limitations , even if the payment is made after the maturity date of the note .
Baron v . L . P . Evans Motors WPB , Inc ., Case No . 3D21-1102 ( Fla . 3d DCA 2022 ). An arbitration clause which directs arbitration of all disputes arising out of or relating to the agreement requires the arbitrator to decide the issue of attorney ’ s fees and costs even if one party objects to the arbitrator doing so .
PALMBEACHBAR . ORG 25
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