REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Florida Atlantic University Board of Trustees v . Harbor Branch Oceanographic Institute Foundation , Inc ., Case No . 4D2022-0313 ( Fla . 4th DCA 2023 ). The Florida Legislature may not pass laws which impair the contractual relationships between parties ; total or substantial destruction of the rights of parties is not required .
Stuart Roofing , Inc . v . Thomas , Case No . 4D2022-2580 ( Fla . 4th DCA 2023 ). A party alleging a violation of the Florida Deceptive and Unfair Trade Practices Act must prove actual , and not just consequential , damages .
T . G . United , Inc . v . AADD Properties , LLC , Case No . 5D22-1147 ( Fla . 5th DCA 2023 ). Florida Statute section 83.232 ( 5 ) provides for an immediate default if a nonresidential tenant fails to timely pay rent into the court registry , but the automatic default provision is not triggered if the court orders rent to be timely paid into an attorney ’ s trust account and the tenant fails to do so .
Royal United Properties , Inc . v . Royal , Case No . 6D23-584 ( Fla . 6th DCA 2023 ). Certiorari relief may be sought for a trial court setting aside a notice of election to purchase corporate shares under Florida Statute section 617.1430 ( 1 )( b ).
Cole v . Plantation Palms Homeowners Association , Inc ., Case No . 2D22-3068 ( Fla . 2d DCA 2023 ). An expert report which does not conclusively establish the cause of foundation cracking in several homes may still be sufficient to defeat summary judgment .
TBC Florida , LLC v . Infinity Biscayne Myrtle Member , LLC , Case No . 3D22-1317 ( Fla . 3d DCA 2023 ). While release of a debtor typically releases the debtor ’ s guarantor , a guarantor who guarantees a lease is not released from liability when the guaranty specifies “ Tenant ” and the assignee became the new “ Tenant ” under the assigned lease .
Federal Insurance Company v . Perlmutter , Case Nos . 4D2022-1558 , 4D2022-1560 , & 4D2022-1562 ( Fla . 4th DCA 2023 ). The Fourth District follows the Third District and holds that a trial court must consider an evidentiary showing by both sides at the hearing of a motion to amend to allege punitive damages .
Mortgage Assets Management , LLC v . Unknown Spouse , Case No . 5D23-188 ( Fla . 5th DCA 2023 ). A party that complies with the certificate process of Florida Statute sections 90.803 ( 6 )( a ) and ( c ) is not required to produce a live witness on the certificated matters at trial .
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PBCBA BAR BULLETIN 21