REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
RKHub Logistics LLC v . Eastern Auto Motor
Corp ., Case No . 4D21-2665 ( Fla . 4th DCA 2022 ). Florida Rule of Civil Procedure 1.510 sets a mandatory requirement that a trial court state on the record the reasons it granted or denied a motion for summary judgment .
Holland M . Ware Charitable Foundation v . Tamez Pine Straw LLC , Case No . 1D22-4 ( Fla . 1st DCA 2022 ). A verified Motion for Temporary Injunction is insufficient to grant a temporary injunction if an evidentiary hearing has been scheduled .
Vericker v . Powell , Case No . 3D22-645 ( Fla . 3d DCA 2022 ). The Third District aligns with the Fourth District and holds that interlocutory review is not available to review non-final orders arising from SLAPP suits ; conflict certified with decisions from the Second District .
Annesser v . Innovative Service Technology Management Services Inc ., Case No . 3D19- 2429 ( Fla . 3d DCA 2022 ). The dropping of a party upon a complaint being amended is the same as dropping a party without prejudice and is not a basis for an award of attorney ’ s fees under a proposal for settlement .
Maxwell v . Mark W . Edwards , D . M . E ., Case No . 4D21-951 ( Fla . 4th DCA 2022 ). A party that did not sign a settlement agreement cannot be bound by its terms .
Shakhova v . Pugachov , Case No . 4D21-1253 ( Fla . 4th DCA 2022 ). A party seeking to enforce a foreign judgment is required by Florida Statute section 55.604 ( 1 ) to record an affidavit at the time of filing the judgment , but compliance can be excused if the judgment debtor is aware of the pendency of the judgment being recorded .
Physicians Care Centers of Florida , LLC v . PNC Bank , National Association , Case No . 4D21-3228 ( Fla . 4th DCA 2022 ). An assignment of a judgment debtor ’ s assets that is still conditional and not fully effective does not take priority over a writ of garnishment .
Spring Valley Produce , Inc . v . Forrest ( In Re :
Forrest ), Case No . 21-12133 ( 11th Cir . 2022 ). The Eleventh Circuit holds a debtor is acting in a “ fiduciary capacity ” under 11 U . S . C . § 523 ( a )( 4 ) only when there is a “ trustee ” who holds an identifiable trust res for the benefit of an identifiable beneficiary or beneficiaries , there are sufficient trust-like duties imposed on the trustee with respect to the trust res and beneficiaries sufficient to create a “ technical ” trust , and the debtor acted in a fiduciary capacity before the act of fraud or defalcation creating the debt .
Arrington v . Burger King Worldwide , Inc ., Case No . 20-13561 ( 11th Cir . 2022 ). An agreement between different restaurant franchisees to not hire each other ’ s employees is “ concerted action ” under the Sherman Antitrust Act and violates Section 1 of the Act .
Hunstein v . Preferred Collection and Management Services , Inc ., Case No . 19- 14434 ( 11th Cir . 2022 ) ( en banc ). A plaintiff claiming harm from a statutory violation has to demonstrate the harm is “ real ” and concrete in order satisfy Article III standing requirements , and it is acceptable to compare the statutory harm to a common-law tort . A creditor sending financial information to a third-party vendor is analogous to the tort of public disclosure , but such claim fails because the information was not disclosed to the public .
In Re : Amendments To The Florida Evidence
Code , Case No . SC22-1040 ( Fla 2022 ). The Florida Supreme Court adopts Florida Statute section 90.2035 ( judicial notice may be taken of information from web mapping services , global satellite imaging sites , or Internet mapping tools ) to the extent it is procedural .
CFLB Partnership , LLC v . Diamond Blue International , Inc ., Case Nos . Nos . 3D21- 1335 & 3D21-1639 ( Fla . 3d DCA 2022 ). A claim for unjust enrichment requires that a direct benefit be given to a party , and money given to a defendant entity which then loans the money to a different third entity is an indirect benefit incapable of sustaining a claim for unjust enrichment .
Metnick v . Right of the Dot , LLC , Case No . 3D22-156 ( Fla . 3d DCA 2022 ). Florida Statute section 49.011 does not permit service by publication of lawsuits seeking money damages .
GCTC Holdings , LLC v . Tag QSR , LLC , Case No . 2D21-3457 ( Fla . 2d DCA 2022 ). A trial judge deciding a landlord-tenant case who is presented with an objection to defendant ’ s request for production of landlord ’ s rent roll for other tenants must conduct an in camera review of the discovery to see if it contains trade secrets , and must issue findings of fact on their decision .
Mikhaylov v . Bilzin Sumberg Baena Price & Axelrod LLP , Case No . 3D20-1627 ( Fla . 3d DCA 2022 ). The bankruptcy of a real estate project is not “ underlying litigation ” that must be resolved before a cause of action for transactional malpractice accrues .
Belvant v . Cohen , Case No . 3D21-862 ( Fla . 3d DCA 2022 ). A party seeking a fee award under Florida Statute section 78.20 ( replevin ) must prevail on the underlying replevin action and not just on vacating the writ of replevin ; conflict certified with First District Court of Appeal .
Eclectic Synergy , LLC v . Seredin , Case No . 4D21-1701 ( Fla . 4th DCA 2022 ). Proposing additional non-material terms to a contract does not constitute violation of a court order to negotiate in good faith and does not entitle a trial court to dismiss a party ’ s pleadings as a sanction .
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PBCBA BAR BULLETIN 21