REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Lake Lincoln , LLC v . Manatee County , Case No . D21-2826 ( Fla . 2d DCA 2023 ). A parcel within a DRI is not necessarily “ contiguous ” to the entire DRI for purposes of the Jirik Test found in Department of Transportation , Division of Administration v . Jirik ( Jirik II ), 498 So . 2d 1253 ( Fla . 1986 ) ( physical contiguity , unity of ownership , and unity of use are examined to determine whether a landowner ' s " parcels are separate and independent or a single tract " for purposes of determining a compensable taking ).
Chakra 5 , Inc . v . The City of Miami Beach , Case No . 3D21-1084 ( Fla . 3d DCA 2023 ). Plaintiffs suing a municipality under 42 U . S . C . § 1983 must establish : “( 1 ) a deprivation of a constitutionally-protected liberty or property interest ; ( 2 ) state action ; and ( 3 ) constitutionally-inadequate process that was an express policy of the local government body ” and such a “ widespread practice that , although not authorized by written law or express municipal policy , is so permanent and well settled as to constitute a custom and usage with the force of law ” or the actions of an official with final policymaking authority .
Kocik v . Fernandez , Case No . 3D21-1646 ( Fla . 3d DCA 2023 ). Florida ’ s Real Party in Interest Rule grants an agent standing to enforce a buyout clause in a shareholder agreement .
Gonzalez v . Nobregas , Case No . 3D21-1826 ( Fla . 3d DCA 2023 ). The Deceptive and Unfair Trade Practices Act ( FDUTPA ), section 501.204 , et . seq contains a discretionary attorney ’ s fees provision to a prevailing party , and a trial court that granted summary judgment to a plaintiff who did not receive an award of damages from the jury did not abuse his discretion in declining to award fees .
Skyhop Technologies , Inc . v . Narra , Case No . 21-14051 ( 11th Cir . 2023 ). So long as a plaintiff ’ s claims meet Florida ’ s connexity requirement , an allegation that an out of state software vendor violated the Computer Fraud and Abuse Act , 18 U . S . C . § 1030 , against a Florida company constitutes a tort committed in Florida and satisfies the requirements of Florida ’ s long arm statute under § 48.193 ( 1 )( a )( 2 ).
Diaz v . Northwest Florida Water Management
District , Case No . 1D21-2699 ( Fla . 1st DCA 2023 ). Whether a party participated in an administrative proceeding for an improper purpose such that attorney ’ s fees can be assessed against the party under Florida Statute § 120.595 ( 1 )( c ) is a factual inquiry and fees can be assessed as the result of just one hearing .
Fries v . Anderson , Case No . 4D22-650 ( Fla . 4th DCA 2023 ). Even under the Small Claims Rules , a demand in the pleadings for “ costs of court ” is not equivalent to a demand for attorney ’ s fees and does not meet the requirements of Stockman v . Downs , 573 So . 2d 835 , 837-38 ( Fla . 1991 ).
Gay v . Jupiter Island Compound , LLC , Case Nos . 4D22-1007 and 4D22-1030 ( Fla . 4th DCA 2023 ). Unless the public official acted maliciously or in bad faith as prohibited by Florida Statute section 768.28 ( 9 )( a ), a public official enjoys immunity from suits for tortious interference .
U . S . Bank National Association v . Bell , Case No . 5D21-2528 ( Fla . 5th DCA 2023 ). A mortgage pooling agreement has independent legal significance and thus is not subject to a hearsay objection .
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The “ Bar Buddies ” Program is designed to help attorneys who practice in the Palm Beaches connect and serve as a sounding board for each other . The Program seeks to connect local attorneys in a manner that takes into account links between attorneys that reach beyond their law practice . Attorneys are strongly encouraged to sign up for this informal program to speak with attorneys both within and beyond their existing networks and practice areas .
Bar Buddies will likely have different skill sets and experience levels and may discuss a variety of legal topics . When substantive areas are discussed , the traditional formalities apply , such as ensuring no conflict of interest exists and maintaining an awareness of the attorney-client privilege . No attorney participating in the Bar Buddies Program will be expected to do any legal research or review documents .
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PBCBA BAR BULLETIN 22