REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Braun v . America-CV v . Station Group , Inc . ( In re : America-CV Station Group , Inc .), Case No . 21-13774 ( 11th Cir . 2023 ). Claimants and interest holders are entitled to a new disclosure statement and another opportunity to vote when there is a modification to a Chapter 11 reorganization plan which materially and adversely affects the claim or interest holders .
Royal Palm Village Residents , Inc . v . Slider , Case No . 21-13789 ( 11th Cir . 2023 ). Florida Statute § 723.068 ( prevailing parties in litigation over the Mobile Home Act are entitled to attorney ’ s fees ) does not apply to a voluntarily dismissed amended complaint which alleged violations of the Act but did not include claims for violations of , requests for relief under , or seek to enforce compliance with the Act .
Landcastle Acquisition Corp . v . Renasant
Bank , Case No . 20-13735 ( 11th Cir . 2023 ). The D ’ Oench , Duhme [& Co . v . Fed . Deposit Ins . Corp ., 315 U . S . 447 , 62 S . Ct . 676 ( 1942 ); 12 U . S . C . § 1823 ( e )] Doctrine , a form of estoppel , applies when the FDIC takes over a failed bank and sells it to a solvent bank and holds that evidence outside the failed bank ’ s records cannot be used to establish liability against the failed bank or the FDIC . the whole text , not just the disputed term , and accordingly , a prohibition against interfering with rights of access under an easement is not violated merely by increasing traffic on the easement .
Guttenberg v . Smith & Wesson Corp ., Case No . 4D21-2268 ( Fla . 4th DCA 2023 ). In order to not be considered merely a request for legal advice , a suit for declaratory action regarding a statute must demonstrate a present violation of the statute and / or penalties arising from same , or under the Ripening Seeds of a Controversy Doctrine , a showing of real threat of immediate injury .
Disorbo v . American Van Lines , Inc ., Case No . 4D21-2994 ( Fla . 4th DCA 2023 ). The Florida Constitution requires cases with both legal and equitable counts and a demand for jury trial that the common issues of fact between the legal and equitable claims be tried to the jury .
Mane FL Corp . v . Beckman , Case No . 4D21- 3424 ( Fla . 4th DCA 2023 ). Undisputed evidence of seven badges of fraud will support a summary judgment of a fraudulent conveyance under Florida Statute § 726.105 .
UPCOMING PBCBA SOCIAL EVENTS
Wednesday , March 1 st 4:00 P . M . - 5:30 P . M . Bar Office
Wine Down Wednesday
Thursday , March 16 th 6:00 P . M . - 8:00 P . M . Ballpark of the Palm Beaches
PBCBA Night at the Ballpark of the Palm Beaches
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UPCOMING PBCBA CLE EVENTS
Coates v . R . J . Reynolds Tobacco Company , Case No . SC21-175 ( Fla , 2023 ). Florida Statute § 768.73 limits punitive damage awards to no more than three times the compensatory damage award for “ any civil action based on negligence , strict liability , products liability , misconduct in commercial transactions , professional liability , or breach of warranty , and involving willful , wanton , or gross misconduct …”
In Re : Amendments To Florida Rules Of Civil Procedure 1.070 and 1.650 , Case No . SC22-1715 ( Fla . 2023 ). The Florida Rules of Civil Procedure regarding notice are amended .
7 at Blue Lagoon ( 1 ), LLC v . Blue Lagoon Condominium Association , Inc ., Case Nos . 3D21-1706 and 3D21-1731 ( Fla . 3d DCA 2023 ). A disputed term must be read in context of
Lennar Homes , LLC v . Wilkinsky , Case No . 4D22-1239 ( Fla . 4th DCA 2023 ). Personal injury claims against a developer must be arbitrated when the arbitration provision in the sales contract signed by plaintiff expressly and unambiguously extends to personal injuries suffered by plaintiff within the residential community where the home he purchased was located .
Davis v . Verandah at Lake Grady Homeowners Association , Inc ., Case No . 2D21-1387 ( Fla . 2d DCA 2023 ). The merger doctrine does not eliminate later recorded restrictive covenants when the purchasers of the vacant lot acknowledged at closing that the property would later be subject to restrictive covenants and the purchasers had knowledge of the contents of the restrictive covenants .
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Wednesday , March 15 th 11:50 A . M . - 1:30 P . M . Live via Zoom
Technology Committee CLE : Historical Context of Legal Profession and Technology
Tueday , March 28 th 11:15 A . M . - 1:30 P . M . Bar Office Solo Lunch and Learn : Finance and Banking
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PBCBA BAR BULLETIN 21