REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
City of Jacksonville v . Jacksonville Hospitality Holdings , L . P ., Case No . 22- 12419 ( 11th Cir . 2023 ). Federal Rule of Civil Procedure Rule 41 ( a ) ( 1 )( A )( ii ) permits a plaintiff only to dismiss an action without court order by filing “ a stipulation of dismissal signed by all parties who [ at any time ] have appeared ” in the action .
In re : Fundamental Long Term Care , Inc ., Case No . 21-10587 ( 11th Cir . 2023 ). Analysis of a conflict under 11 U . S . C . § 327 is a case by case analysis , but should focus on whether there exists a present ( not a past ) conflict .
In re Amendments To The Florida Rules of Appellate Procedure , Case No . SC2023- 0033 ( Fla . 2023 ). The Florida Supreme Court adopts proposed changes to the Rules of Appellate Procedure , including amending Rule 9.130 ( e ) to reintroduce the five-day buffer between the deadline for initial briefs in non-final appeals and the deadline for appellees to serve their notice of intent to cross-appeal .
In Re : Amendments To Florida Rule of General Practice and Judicial Administration
2.215 , Case No . SC2023-1114 ( Fla . 2023 ). Rule 2.215 is amended to require that individual judge and divisional practices and procedures , local rules , and administrative orders be placed on each circuit ’ s website ; that the practice of limiting attorneys or parties to communicate with the court solely by written letter is abolished ; and that that each circuit must have a continuing review process in place to ensure that the requirements of the rule are met .
Suzmar , LLC v . First National Bank of South Miami , Case No . 3D22-1839 ( Fla . 3d DCA 2023 ). Florida law does not recognize a claim for negligent lending absent there being a fiduciary relationship in addition to the creditor-debtor relationship .
Zakharova v . Innovative Technologies & Consulting Limited Corp ., Case No . 3D23-
1180 ( Fla . 3d DCA 2023 ). A motion to extend a notice of lis pendens need not be filed within one year of commencement to be able to grant relief .
Michael v . Lobbytools , Inc ., Case No . 1D22- 1649 ( Fla . 1st DCA 2023 ). No indemnification is required under Florida Statute section 607.0580 ( 1 ) when a corporate officer is sued for disclosing trade secrets and not “ by reason of the fact ” that she was a corporate officer .
Certified Motors , LLC v . Aventine Hill , LLC , Case No . 2D22-2306 ( Fla . 2d DCA 2023 ). An option to renew a lease that does not contain stated terms presumes the parties agreed to renew on the same terms set forth in the original agreement .
AT & T Mobility , LLC v . Rigney , Case No . 3D21-2261 ( Fla . 3d DCA 2023 ). Florida Statute section 57.105 ( 1 )( b )’ s “ good faith argument for new law exception ” does not apply to a motion for sanctions under section 57.105 ( 1 )( a ) that a claim or defense is not supported by the facts of the case .
Bric McMann Industries Incorporated v . Regatta Beach Club Condominium Association , Inc ., Case No . 2D22-2454 ( Fla . 2d DCA 2023 ). Florida Statutes section 768.72 allows a plaintiff to make a claim for punitive damages for gross negligence or intentional misconduct .
The MacDougald Family Limited Partnership , LLP v . Rays Baseball Club , LLC , Case No . 2D23-9 ( Fla . 2d DCA 2023 ). A broad arbitration provision , e . g ., on which uses the word “ concerning ,” is nonetheless limited in scope if the broad application is limited to one issue such as interpretation of an instrument .
Pirman v . South Pointe Of Tampa Homeowners Association , Inc ., Case No . 2D23-58 ( Fla . 2d DCA 2023 ). A homeowner in a community association does not need to pay an assessed fine in order to have sufficient “ damages ” to sue over the allegedly improper fine .
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Chiquita Fresh North America , L . L . C . v . Port Everglades Terminal , LLC , Case Nos . 4D2021-3433 & 4D2021-3556 ( Fla . 4th DCA 2023 ). A party seeking damages for unjust enrichment must prove it conferred a direct benefit on the defendant .
CPPB , LLC v . Taurus Apopka City Center ,
LLC , Case No . 6D23-2649 ( 6th DCA 2023 ). The Sixth District aligns itself with the First District and in conflict with the Second , Third , Fourth , and Fifth Districts and holds that generalized allegations of harm are insufficient to invoke a district court ’ s certiorari jurisdiction .
Flamingo South Acquisitions , LLC v . Flamingo / South Beach I Condominium Association , Inc ., Case No . 3D22-656 ( Fla . 3d DCA 2023 ). A declaratory action which deals with election of condominium board members must first be arbitrated .
Factor Brokers , Inc . v . J & C Enterprises ,
Inc ., Case No . 3D22-1029 ( Fla . 3d DCA 2023 ). A non-signatory to a contract containing an arbitration provision can be bound to arbitrate by virtue of a valid assignment of the contract .
Monroe County v . Jabour , Case No . 3D23- 145 ( Fla . 3d DCA 2023 ). A Partial Summary Final Order of a code enforcement special magistrate which does not decide whether a violation occurred is not a final order capable of being appealed .
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