REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Brevard County v . Waters Mark Development Enterprises , LC , Case No . 5D21-1809 ( Fla . 5th DCA 2022 ). A Bert J . Harris claim does not lie against a county when the inability to develop the property is also due to the failure of another governmental agency to issue a development permit .
Levitan v . Dancaescu , Case No . 1D21-806 ( Fla . 1st DCA 2022 ). Unless fraud is specifically disclaimed , a general contractual waiver of claims does not waive fraud claims .
Echo River Sanctuary , LLC v . 21st Mortgage
Corp ., Case No . 1D21-1940 ( Fla . 1st DCA 2022 ). The First District holds on rehearing that a personal property lien on a mobile home which is not timely perfected ( either in fact or as a matter of law ) is extinguished by foreclosure of a real property mortgage of the land on which the home sits when the mobile home is affixed to the land and becomes a fixture .
Pops Family Entertainment Center , Ltd . v . Kelly , Case 2D21-17 ( Fla . 2d DCA 2022 ). The Doctrine of Merger is controlled by the intent of the parties , and under the contracts and circumstances of this case , no merger occurred of a lease and the fee simple estate when a tenant exercised its right of first refusal under the lease .
nullifies the waiver .
Trombino v . Echeverria , Case No . 4D21- 3525 ( Fla . 4th DCA 2022 ). The general rule that courts cannot place restrictions on disposition of real estate sale proceeds prior to the entry of judgment against a defendant is not changed by either Florida Statute section 69.031 ( 1 ) ( a court may order the personal property of an “ estate in process of administration ” to be placed with a “ bank , trust company , or savings and loan association ” for cause ) or section 736.1001 ( 2 )( c ) ( a court may order a trustee , as a remedy for a breach of trust , to pay money or otherwise restore the assets of a trust ).
Smith v . Carlton , Case Nos . 5D21-1383 and 5D21-2174 ( Fla . 5th DCA 2022 ). A party does not necessarily waive claims for breach of portions of a real estate sales contract by proceeding to closing ; waiver is a fact-specific determination in each case .
Santana Equestrian Private Financial , LLC v . Richtmyer , Case No . 4D21-3363 ( Fla . 4th DCA 2022 ). A merchant entrusted with goods who then , without the consent of the entruster , sells the goods to a third-party bona fide purchaser conveys good title to the goods under Florida Statute section 672.403 notwithstanding the merchant himself did not have good title to the goods .
Feldman v . Schocket , Case No . 3D21-1509 ( Fla . 3d DCA 2022 ). Failure to comply with the fair disclosure requirement of Florida Statute section 732.702 ( 2 ) ( waiver of homestead rights after marriage requires a fair disclosure of the estate of the non-waiving party )
Adam Rabin arabin @ rkjlawgroup . com
Complex Business Litigation l Whistleblower / Qui Tam Litigation Securities Arbitration l
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