REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Steines v . Westgate Palace , L . L . C ., Case No . 22-14211 ( 11th Cir . 2024 ). The Military Lending Act , 10 U . S . C § 987 , preempts the Federal Arbitration Act , 9 U . S . C . § 1 et seq ., and precludes enforcement of the arbitration agreement in a loan given to a service member .
OHI Asset ( VA ) Martinsville SNF , LLC v . Wagner , ( In re : Wagner ), Case No . 22-13642 ( 11th Cir . 2024 ) A district court reviewing a bankruptcy court judgment must defer . to the bankruptcy court ’ s credibility determinations .
Turner v . Jordan , Case No . 22-13159 ( 11th Cir . 2024 ). Federal courts apply comity and decline to intervene in cases involving states administering their taxing laws even if the claim is made under § 1983 .
In Re : Amendments To The Florida Rules for Certified and Court-Appointed Mediators , Case No . SC2023-1537 ( Fla . 2024 ). The Florida Supreme Court modifies the rules for mediators and mediations effective January 1 , 2025 .
In Re : Amendments To Rules Regulating The Florida Bar – Chapter 3 , Case No . SC2024- 0029 ( Fla . 2024 ). The Florida Supreme Court adopts changes to Rules 3-3.4 ( Grievance Committees ), 3-5.2 ( Emergency Suspension ; Interim Probation ; Interim Placement on the Inactive List for Incapacity Not Related to Misconduct ; and Freezing Trust Accounts ), 3-5.3 ( Diversion of Disciplinary Cases to Practice and Professionalism Enhancement Programs ), 3-7.2 ( Procedures on Criminal or Professional Misconduct ; Discipline on Determination or Judgment of Guilt of Criminal Misconduct ; Discipline on Removal from Judicial Office ), 3-7.4 ( Grievance Committee Procedures ), 3-7.5 ( Procedures Before he Board of Governors ), 3-7.10 ( Reinstatement and Readmission Procedures ), 3-7.11 ( General
Rules of Procedure ), 3-7.12 ( Disciplinary Revocation of Admission to The Florida Bar ), 3-7.13 ( Incapacity Not Related to Misconduct ), and 3-7.16 ( Limitation on Time to Open Investigation ).
Meyer v . U-HAUL Co of Florida , Case No . 1D2021-3296 ( Fla . 1st DCA 2024 ). Parties are not compelled to arbitrate claims not covered in the limitation to a broad arbitration agreement .
Halegua v . Lerner , Case No . 3D23-1525 ( Fla . 3d DCA 2024 ). Documentary evidence ( e . g ., a series of unpaid checks ) can establish the fixed date of loss necessary to be awarded prejudgment interest .
Mortgage Assets Management Series I Trust v . Harvey , Case No . 5D2023-2017 ( Fla . 5th DCA 2024 ). Reverse mortgages , unlike traditional mortgages , do not have more than one or subsequent acts of default thus are not controlled by Singleton v . Greymar Associates , 882 So . 2d 1004 , 1007 – 08 ( Fla . 2004 ) ( res judicata does not apply to subsequent acts of default in mortgage foreclosure actions ).
Kinchla v . Ran Investments , LLC , Case No . 6D2023-1385 ( Fla . 6th DCA 2024 ). The Delayed Discovery Doctrine does not apply to claims for breach of fiduciary duty .
Patterson v . Melman , Case No . 2D2023-1388 ( Fla . 2d DCA 2024 ). The authority to determine whether a condition precedent to arbitration has been fulfilled is explicitly assigned to the arbitrator under Florida Statute section 682.02 ( 3 ), and accordingly , the question of whether a provision is a condition precedent to arbitration is likewise for the arbitrator to decide .
Schmitz v . Schmitz , Case No . 3D21-1083 ( Fla .
3d DCA 2024 ). The Third District clarifies that Dinuro Invs ., LLC v . Camacho , 141 So . 3d 731 ( Fla . 3d DCA 2014 ), permits a direct action when the injury is to the shareholder and not the corporation and also that a court must give notice of imposing the sanction of burden-shifting prior to entering a final judgment .
Fabre v . 4647 Block , LLC , Case No . 3D24-387 ( Fla . 3d DCA 2024 ). An order titled “ Final Judgment of Eviction ” arising from a multi-count complaint is not “ final ” for appellate purposes but may be appealed as a “ non-final order ” under Florida Rule of Appellate Procedure 9.130 .
Seritage SRC Finance , LLC v . The Town Center at Boca Raton Trust , Case No . 4D2023-0982 ( Fla . 4th DCA 2024 ). Interpreting a buy-out provision in a reciprocal easement agreement , a majority of the panel applied a plain meaning test and held the word “ retail ” consistent with its plain meaning and concluded that , as used in the agreement , the term did “ not include the proposed restaurants , entertainment services , and / or fitness clubs ” that appellant proposed to develop . Additionally , the court interpreted “ to be used ” as “ refer [ ing ] to anticipatory use , rather than a prior or active use .”
OptumRx v . Bay Pharmacy Inc ., Case No . 5D2023-0652 ( Fla . 5th DCA 2024 ). The fact that arbitration may occur outside Florida and apply non-Florida law is not a basis for objecting to arbitration .
Baldwin v . Laboratory Corporation Of
America , Case No . 5D2023-2455 ( Fla . 5th DCA 2024 ). There is no necessity under Florida Statute section 559.72 ( 6 ) to allege a debt is “ reasonably disputed ” to trigger responsibility under 559.72 ( 3 ) for threats .
PBCBA BAR BULLETIN 24