REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
A Flock of Seagirls LLC v . Walton County
Florida , Case No . 20-12584 ( 11th Cir . 2021 ). An easement granted to a county for pedestrian access with abandonment if used for any other purpose is abandoned when the county passes and ordinance using the easement for “ recreational purpose ,” including among other uses , sunbathing , picnicking , fishing , swimming , surfing or “ building sand creations .”
Behr v . Campbell , Case No . 18-12842 ( 11th Cir . 2021 ). The Rooker-Feldman Doctrine is narrow and applies only when a losing state court litigant calls on a district court to modify or “ overturn an injurious statecourt judgment ”; district courts do not lose subject matter jurisdiction over a claim “ simply because a party attempts to litigate in federal court a matter previously litigated in state court .”
Buending v . Town of Redington Beach , Case No . 20-11354 ( 11th Cir . 2021 ). Florida Statute section 163.035 ( 4 ) permits a municipality to defend its decision to allow the public to use “ dry sand ” of beachfront owners in any proceeding , not just in defense to taking actions .
In Re : Amendment To Florida Rule Of Civil Procedure 1.280 , Case No . SC21-929 ( Fla . 2021 ). The Florida Supreme Court extends the Apex Doctrine to private parties , and amends Florida Rule of Civil Procedure 1.280 ( h ) accordingly .
Riverside Avenue Property , LLC v . 1661 Riverside Condominium Association , Inc ., Case No . 1D20-1598 ( Fla . 1st DCA 2021 ). A unit owner ’ s cause of action for declaratory relief does not accrue until there is a dispute against the association , not when the unit owner purchases their unit .
Christopher v . Bank Of America , N . A ., Case No . 2D20-198 ( Fla . 2d DCA 2021 ). The filling of a bankruptcy petition divests a state court of jurisdiction , even if the bankruptcy filing clearly does not meet bankruptcy filing requirements .
2000 Presidential Way , LLC v . The Bank of New York Mellon , Case No . 4D20-1811 ( Fla . 4th DCA 2021 ). Constructive notice under Florida Statute section 695.01 is dependent on proper recording with the Clerk and not on proper indexing by the Clerk of recorded documents .
Maas v . HSBC Bank USA , National
Association , Case No . 2D20-253 ( Fla . 2d DCA 2021 ). A borrower altering an original promissory note in open court by striking through her signature is a not a clear contemptuous act and is not direct criminal contempt .
Perez v . Jaimot , Case No . 3D21-1302 ( Fla . 3d DCA 2021 ). An order of partition is final at such time as the court directs the sale of the property .
Wells Fargo Bank , N . A . v . Electronic Funds Transfer Corporation D / B / A The EFT Network , Inc ., Case No . 5D20-655 ( Fla . 5th DCA 2021 ). A party seeking to impose punitive damages on a business entity based on the actions of a managing agent must prove the agent was more than a middlelevel manager or that he was a middlelevel manager with more than limited managerial authority .
City of Holmes Beach v . Coral Escapes Of Holmes Beach , LLC , Case No . 2D20-2004 ( Fla . 2d DCA 2021 ). A municipality is entitled to attorney ’ s fees in Bert Harris Act litigation if it prevails in litigation and has appropriately responded to the claim , including a response under Florida Statute section 70.001 ( 4 )( c )( 11 ) that it was making no changes to the governmental action .
Davis v . Clark , Case No . 2D21-171 ( Fla . 2d DCA 2021 ). Florida Statute section 768.79 applies in small claims matters .
Maisonneuve v . Situs Investments , LLC , Case No . 4D20-2397 ( Fla . 4th DCA 2021 ). Citing Page v . Deutsche Bank Trust Co . Americas , 308 So . 3d 953 ( Fla . 2020 ), the
PBCBA BAR BULLETIN 21
Fourth District holds a defending borrower is entitled to an award of attorney ’ s fees if he proves a contract existed but that the lender was not entitled to enforce it .
New Life Rehab Medical Center a / a / o Mario Fernandez v . Mercury Insurance Company of Florida , Case No . 3D21-0112 ( Fla . 3d DCA 2021 ).
Following Hock v . Triad Guaranty Insurance
Corp ., 292 So . 3d 37 ( Fla . 2d DCA 2020 ), the Third District holds that Florida Statute section 607.1622 “ does not preclude a corporation that has been administratively dissolved for failing to file an annual report from prosecuting or defending against an action in order to wind up its business and affairs .”
Rodriguez v . Department of Business and Professional Regulation , Case No . 3D20- 1417 ( Fla . 3d DCA 2021 ). The notice process for revocation of licenses employed by the Department of Business and Professional Regulation under Florida Statute section 475.275 satisfies due process .
Dawn Rene Holding , LLC World Jet of Delaware , Inc ., Case No . 4D20-2118 ( Fla . 4th DCA 2021 ). An award of damages under Florida Statute section 60.07 against a bond for a wrongfully issued injunction can include an award of attorney ’ s fees but awarded fees are limited to those necessary to dissolve the injunction .