REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Hare v. McLaughlin, Case No. 4D2025-2001( Fla. 4th DCA 2026). A partial final judgment resolving fewer than all counts of a multi-count complaint is not appealable under Florida Rule of Appellate Procedure 9.110( k) where the unresolved counts are interdependent with the resolved counts, however, certiorari is available to review the propriety of authorizing post-judgment collection on such a non-final, non-appealable partial judgment.
Marvin v. Jones, Case No. 4D2025-0414( Fla. 4th DCA 2026). A general release consisting of a single, eighteen-word sentence that fails to define the claims released or impose a temporal limitation is ambiguous and cannot as a matter of law bar subsequent claims for equitable ownership by constructive trust or for fraudulent misrepresentation.
Jhelum Enterprises, LLC v. Desmarais, Case No. 4D2025-0554( Fla. 4th DCA 2026). Un-accessed funds in a homeowner ' s reverse mortgage line of credit retain Florida ' s constitutional homestead exemption from levy until the homeowner actually draws the funds from the mortgage line of credit.
John F. Schutz, P. L. v. Ally Financial Inc., Case No. 4D2024-2838( Fla. 4th DCA 2026). An attorney ' s notice of charging lien that fails to identify the specific assets to which the lien attaches or the amount of fees owed is insufficient to impose liability on a third-party financial institution that was not a party to the underlying litigation and did not provide funds to obtain or pay a settlement or judgment.
Sable Pass Community Association, Inc. v.
Call, Case No. 4D2024-3084( Fla. 4th DCA 2026). The statutory exemption from the Florida Building Code for chickee huts under Florida Statutes section 553.73( 10)( i) does not exempt a structure from a homeowners ' association ' s deed-restriction approval requirements.
The Florida Bar has approved this course for: 3.0 General credits, including 1.0 Professionali
PBCBA BAR BULLETIN 24