REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
34th Street , LLC v . Pro-Karting Experience ,
Inc ., Case No . 2D22-3139 ( Fla . 2d DCA 2024 ). Florida Statute section 82.232 is not selfexecuting and can only be effectuated by a court order directing a tenant to deposit money in the court registry by a date certain .
Webjet Linhas Aereas S . A . v . ZGA Aircraft Leasing , Inc ., Case No . 3D22-1736 ( Fla . 3d DCA 2024 ). A complaint which alleges a defendant ’ s liability is merely constructive does not require a joint offer to attribute fault to each offeror and such joint offer does not violate Florida Statute section 768.79 .
Sherman v . Gursky Ragan , P . A ., Case No . 3D22-2040 ( Fla . 3d DCA 2024 ). The attorney for the board of a condominium owes a contractual fiduciary duty to the board but does not owe a fiduciary duty , either express or implied , to the individual unit owners .
Everett Painting Company , Inc . v . Gaga Opportunity 2501 NW 79 Street , LLC , Case No . 3D23-0411 ( Fla . 3d DCA 2024 ). A purchaser at a federal tax lien sale only purchases a claim to redeem a deed to the subject property and is not an “ owner ” as the only interest the purchaser received under federal tax law was that of the foreclosed owner .
Cauble v . Kaczmarski , Case No . 3D23-1095 ( Fla . 3d DCA 2024 ). Florida Statute section 64.081 does prohibit a trial court from retaining funds of a partition estate to pay fees and costs .
Echeverria v . Trombino , Case No . 4D2023- 073 ( Fla . 4th DCA 2024 ). A trial court has discretion to award expert witness fees under Florida Statute section 92.231 to an attorney testifying as an expert witness on attorney ’ s fees .
Capalongo v . Deutsche Bank National Trust Company , Case No . 2D22-3750 ( Fla . 3d DCA 2024 ). A spouse need not join in a mortgage if the spouse signs a valid waiver of their homestead rights ; the word “ join ” in
Article X , Section 4 describes the joining spouse and does not require the waiver to be attached to the mortgage .
Rudnikas v . Gonzalez , Case No . 3D23-975 ( Fla . 3d DCA 2024 ). A disinherited adult child does not have standing to petition for determination of homestead on the basis that he is a potential heir of the devisee of the real property .
The Marbella Condominium Association , Inc . v . Josepher , Case No . 4D2023-1192 ( Fla . 4th DCA 2024 ). In derivative actions filed involving condominium associations organized pursuant to Florida Statutes Chapter 718 , an award of prevailing party attorney ’ s fees is governed by Florida Statute section 718.303 ( 1 ) and not section 617.07401 ( 5 ).
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PBCBA BAR BULLETIN 21 for its 22 nd Annual Jurist of the Year Reception & Dinner Ceremony
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