REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Sakowitz v . Waterside Townhomes Community Association , Inc ., Case No . 3D21-1453 ( Fla . 3d DCA 2022 ). While general law holds that contracts must be accepted within a reasonable time , a time period of eighty-five days to accept a settlement offer is reasonable in light of the fact that the negotiations occurred during the pandemic .
West Bay Plaza Condominium Association , Inc . v . Sika Corporation , Case No . 3D21- 1834 ( Fla . 3d DCA 2022 ). Non-signatories to a contract containing a forum selection clause may be forced to comply with the forum selection clause when the claims arise directly from the contract .
Hallandale Plaza , LLC v . New Tropical Car Wash , LLC , Case No . 4D21-1445 ( Fla . 4th DCA 2022 ). The following lease provision requires the payment of “ additional rent ,” and pursuant to Florida Statute section 83.22 deposit into the Registry of the Court if the tenant wishes to contest an eviction action for non-payment of rent : Tenant shall pay , as additional Rent (“ Additional Rent ”), prorated for the part of the Lease Term within the applicable calendar year , Tenant ’ s Percentage Share (“ Tenant ’ s Percentage Share ”), as hereafter defined , of the total amount of ( i ) the annual operating expenses (“ Operating Expenses ”), as hereafter defined and ( ii ) the annual taxes (“ Taxes ”) for the Building .
Herff v . Weston Properties , LLC , Case No . 4D21-2668 ( Fla . 4th DCA 2022 ). The act of renting a single residential property in Florida does not arise to the level of a general course of business activity to allow service on the Secretary of State under Florida Statute section 48.181 ( 1 ).
NM Residential , LLC v . Prospect Park Development , LLC , Case No . 2D20-3012 ( Fla . 2d DCA 2022 ). A contract which purports to waive claims for fraud must specifically state that claims for fraud are being waived and not merely disclaimed .
Walsh v . Abate , Case No . 4D21-1463 ( Fla . 4th DCA 2022 ). Extensive electronic communications are not sufficient to comprise an enforceable contract that is subject to the Statute of Frauds , e . g ., a contract for the sale of real estate .
Wednesday , May 4th , 2022 5:30 P . M . Live via Zoom
FREE Event
Join the Palm Beach County Bar , in collaboration with several other county bar associations as we kick off the 2022 May Wellness Series . This event is free to attend for all Palm Beach County Bar Association Members .
Learn quick , easy , and impactful tools that will increase your happiness levels .
Featuring : * The Honorable Tarlika Navarro * Mark Eiglarsh , Esq ., " Happiness Guaranteed in 30 " Creator
For more information , please visit : https :// www . browardbar . org happiness-guaranteed /.
To register for this FREE event , please visit : www . browardbar . org / calendar .
PALMBEACHBAR . ORG 22
UPCOMING PBCBA CLE EVENTS
Wednesday , May 4 th 11:30 A . M . - 5:00 P . M . Bar Office ( In-Person ) [ Workers ' Comp CLE ] Navigating the Death Star Trench : A Guide to Handling Your Workers ' Compensation Claim
Friday , May 13 th 12:30 P . M . - 5:00 P . M . PBC Courthouse
[ Family Law CLE ] Mission Possible : Temp Relief in 30 Minutes
Tuesday , May 17 th 10:00 A . M . - 11:00 A . M . Live via Zoom [ Paralegal & Solo Small Firm CLE ] Tech & the Trial Courts | What is New and What is Next - Navigating the Technology Solutions of the 15th Ciruit Court
Thursday , May 26 th 12:00 P . M . - 1:00 P . M . Live via Zoom Monthly Review of Recently Issued Appellate Opinions
For more information , please visit : www . palmbeachbar . org / calendar