REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Carbonell v . Glade , Case No . 3D23-0708 ( Fla . 3d DCA 2024 ). A trial court may not transfer real property claimed to be homestead without a factual finding the property is not homestead , even if the transfer occurred during proceedings supplementary and the homestead defense was raised in a dilatory manner .
Publix Super Markets , Inc . v . Safonte , Case Nos . 4D2023-0216 and 4D2023-0815 ( Fla . 4th DCA 2024 ). A business cannot be held liable for the negligence of its invitees to third parties absent knowledge of the invitee ’ s negligence .
E Coast Investments , LLC v . Delia , Case No . 3D23-1209 ( Fla . 3d DCA 2024 ). There is no possibility of inconsistent verdicts when a tax deed holder seeks a writ of possession under Florida Statute section 197.562 and simultaneously seeks a separate action for ejectment .
Soho Ocean Resort TRS , LLC v . PG Security ,
Inc ., Case No . 4D2023-1680 ( Fla . 4th DCA 2024 ). An agent seeking to avoid personal liability must sufficiently disclose his or her principal .
Walker v . Cape Food Properties , Case LLC , No . 1D2024-0062 ( Fla . 1st DCA 2024 ). A trial court order imposing an injunction which fails to list all four requirements for an injunction is defective even if evidence of the missing requirement was adduced .
Loumpos v . Bank One , Case No . 2D2022-3908 ( Fla . 2d DCA 2024 ). Later re-titling an account first opened by only one spouse as a “ tenants by entireties ” does not make the account a tenant by the entireties account that is exempt from the claims against the spouse that first opened the account .
The Duffner Family 2012 Irrevocable Trust v . The Lee R . Duffner Revocable Living Trust , Case No . 3D23-1626 ( Fla . 3d DCA 2024 ). Florida Statute section 83.595 displaces the common law and requires that in circumstances in which the commencement of eviction proceedings is contemplated , the procurement of a writ of possession is a prerequisite to a landlord exercising the remedy under Florida Statute section 83.595 ( 3 ) to “[ s ] tand by and do nothing , holding the lessee liable for the rent as it comes due .”
Boca View Condominium Association , Inc . v . Lepselter , Case No . 4D2023-1806 ( 4th DCA 2024 ). The Fourth District reviews an award of attorneys ’ fees totaling $ 232,170.67 for an association ’ s failure to deliver records upon a statutory request and lists permissible and impermissible fees .
Ward v . Citibank , N . A ., Case No . 6D2023-2462 ( Fla . 6th DCA 2024 ). A trial court may not enter an award of attorneys ’ fees on oral testimony which lacks supporting documentary evidence .
Engelke v . Logan , Case No . 2D2022-4063 ( Fla . 4th DCA 2024 ). A cause of action for declaratory action for ownership of a series of related business venture accrues with regard to the first business venture and not the succeeding ventures .
Concordia Ventures LLC v . ARCPE 1 , LLC , Case No . 2D2023-239 ( Fla . 2nd DCA 2024 ). Merely arguing that a borrower is renting the property for profit while failing to pay the property taxes and HOA assessments with the collected rents without introduction of evidence of same is insufficient to sustain the appointment of a common law receiver .
YSC Florida , LLC v . Quality Built , LLC , Case No . 4D2023-0484 ( Fla . 4th DCA 2024 ). A trial court must review a settlement agreement between a plaintiff and a settling joint tortfeasor defendant for potential setoff amounts before entering judgment against a non-settling joint tortfeasor .
Martinez v . Ring-Central , Inc ., Case No . 4D2023-2175 ( Fla . 4th DCA 2024 ). The Federal Arbitration Act ’ s three-month time requirement for vacating arbitration awards does not preempt the Florida Arbitration Act ’ s ninety-day requirement for doing so .
GMRI , Inc . v . Brautigan , Case No . 1D2023- 2141 ( Fla . 1st DCA 2024 ). A party may have agreed to and be bound to arbitrate disputes even though it may not have signed a written arbitration agreement .
Taboada v . Duarte , Case No . 3D23-2234 ( Fla . 3d DCA 2024 ). The principle of judicial estoppel does not apply to resurrect a void contract if the prior case did not reach a conclusion on the same issues in controversy in the pending case .
Colby v . Zicarelli , Case No . 1D2023-1135 ( Fla . 1st DCA 2024 ). A defendant in an eviction for unpaid rent need not deposit into the court registry if she alleges she has paid the rent ; deposit into the registry is necessary only when the defendant tenant interposes a defense other than payment .
Progressive Select Insurance Company v .
Hilchey , Case No . 2D2022-3466 ( Fla . 2d DCA 2024 ). The Second District distinguishes the decisions of other courts to the extent they stand for the proposition that a court lacks jurisdiction to enter an order determining that a plaintiff is not entitled to declaratory relief or to enter an order memorializing a confession of judgment when a declaratory judgment case is or becomes moot for lack of a justiciable controversy .
Gershenbaum v . Wind Condominium Association Inc ., Case No . 3D23-0970 ( Fla . 3d DCA 2024 ). An individual who owns his condominium unit through a limited liability company does not have standing to bring suit against the association as only a unit owner can bring suit against a condominium association for damage to the owner ’ s unit .
Eglin Federal Credit Union v . Baird , Case No . 1D2023-1866 ( Fla . 1st DCA 2024 ). Continuing to use services after receiving notification that continued use would constitute acceptance of new contract terms , including an arbitration provision , creates an enforceable amendment to the contract .
PBCBA BAR BULLETIN 20