MAY 2022 BAR BULLETIN MAY 2022 | Page 21

REAL ESTATE CORNER

REAL ESTATE CORNER

Florida Real Property and Business Litigation Report

MANUEL FARACH
Reiterman v . Abid , Case No . 20-11025 ( 11th Cir . 2022 ). Whether a contract has been rescinded - thereby rescinding the arbitration provision within the contract - is a matter of state law .
The Glynn Environmental Coalition , Inc . Sea Island Acquisition , LLC , Case No . 21- 10676 ( 11th Cir . 2022 ). An " aesthetic injury " due to environmental concerns is a sufficient concrete injury for Article III standing purposes , even if the complaining party has never visited the affected area .
In Re : Amendments to The Rules Regulating The Florida Bar — Biennial Petition , Case No . SC20-1467 ( Fla . 2022 ). The Florida Supreme Court amends the Rules Regulating The Florida Bar , including Rules : 1-3.2 ( Membership Classifications ); 1-3.6 ( Delinquent Members ); 1-3.8 ( Right to Inventory ); 1-7.3 ( Membership Fees ); 1-12.1 ( Amendment to Rules ; Authority ; Notice ; Procedures ; Comments ); 1-13.1 ( Time ); 3-5.2 ( Emergency Suspension and Interim Probation or Interim Placement on the Inactive List for Incapacity Not Related to Misconduct ); 3-6.1 ( Generally ); 3-7.1 ( Confidentiality ); 3-7.7 ( Procedures Before Supreme Court of Florida ); 4-1.5 ( Fees and Costs for Legal Services ); 4-1.10 ( Imputation of Conflicts of Interest ; General Rule ); 4-1.14 ( Client Under a Disability ); 4-5.8 ( Procedures for Lawyers Leaving Law Firms and Dissolution of Law Firms ); 4-6.1 ( Pro Bono Public Service ); 4-7.13 ( Deceptive and Inherently Misleading Advertisements ); 4-7.18 ( Direct Contact with Prospective Clients ); 5-1.2 ( Trust Accounting Records and Procedures ); 7-1.3 ( Administration ); 7-1.4 ( Definitions ); 7-2.3 ( Payments ); 7-2.4 ( Prerequisites to Payment ); 7-2.5 ( Claims Ordinarily Denied ); 10-2.1 ( Generally ); 10- 2.2 ( Form Completion by a Nonlawyer ); 10-6.3 ( Recommendations and Disposition of Complaints ); 10-7.2 ( Proceedings for Indirect Criminal Contempt ); 14-2.1 ( Generally ); 14-3.1 ( Application Required ); 20-5.1 ( Generally ); and 21-3.1 ( Continuing Legal Education ), as well as proposed new Bar Rule 6-3.14 ( Sunset of Certification Areas ).
Tribeca Asset Management , Inc . v . Ancla International , S . A ., Case No . SC21-24 ( Fla . 2022 ). The language that “[ t ] his agreement will be governed by the laws of the State of Florida of the United States of America ( USA ), a jurisdiction accepted by the parties irrespective of the fact that the principal activity of the beer project will be conducted in Colombia ” indicates a choice of law provision and not a forum selection clause .
Brown v . City of Gulf Breeze , Case No . 1D19-4245 ( Fla . 1st DCA 2022 ). Land owned by a municipality and used for recreational purposes ( e . g ., a municipal golf course ) is not entitled to governmental exemption from ad valorem taxation when the municipality leases to a private , profit-making venture , i . e ., governmental exemption from taxation cannot be used to shield profit-making ventures .
Hernandez v . CGI Windows and Doors , Inc ., Case No . 3D20-1318 ( Fla . 3d DCA 2022 ). Pleadings cannot be entered into evidence absent a party manifesting an adoption or belief in the truth of the pleading , e . g ., a sworn statement .
Impex Caribe Corp . v . Carl Levin , P . A ., Case Nos . 3D20-1806 , and 3D21-323 ( Fla . 3d DCA 2022 ). The fact that opposing counsel is board certified in the area of law in dispute does not eliminate the Quanstrom requirement for a trial court to find that the relevant market requires a contingency fee multiplier to obtain competent counsel .
Sheckler v . Monroe County , Case No . 3D21- 0464 ( Fla . 3d DCA 2022 ). Paying a code enforcement lien does not moot a party ' s right to further contest the lien if the payment was involuntary .
City of Miami Beach v . Clevelander Ocean , L . P ., Case No . 3D21-1345 ( Fla . 3d DCA 2022 ). Estoppel is designed to shield a property owner from enforcement of a subsequent regulation where the owner has received approval for and made substantial efforts to undertake a property use consistent with a prior regulation while balancing the community interest of maintaining the character of an area as established by comprehensive zoning plans and preventing one property from being damaged or diminished in value by the permitted use of an adjacent property .
Nemani v . Sachmechi , Case No . 3D21-1662 ( Fla . 3d DCA 2022 ). An award of attorney ' s fees under Florida Statute section 83.48 of the residential portion of the Florida Landlord Tenant act is discretionary and not mandatory .
Philip Morris USA , Inc . v . Naugle , Case Nos . 4D20-953 and 4D20-1287 ( Fla . 4th DCA 2022 ). The plain language of Florida Statute section 90.702 requires that Daubert v . Merrell Dow Pharmaceuticals , Inc ., 509 U . S . 579 ( 1993 ), apply to expert testimony on attorney ’ s fees and also that the trial court apply the gatekeeping function of Kumho Tire Co ., Ltd . v . Carmichael , 572 U . S . 137 ( 1999 ).
Monroe County v . Ashbritt , Inc ., Case No . 3D20-553 ( Fla . 3d DCA 2022 ). When the state has entered into a contract authorized by its powers under general law , sovereign immunity will not protect from damages for breach but does precludes recovery of the cost of extra work where claims for that extra work are “ totally outside ” the terms of the contract .
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