REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Joy v . Oaks Club Corporation , Case No . 2D21-1159 ( Fla . 2d DCA 2022 ). A recorded declaration is a community association ’ s “ constitution ,” and its terms and requirements cannot be revised by changing the community ’ s by-laws .
Hudson Capital Properties IV , LLC v . Iecho , Case No . 2D21-4021 ( Fla . 2d DCA 2022 ). Florida Statute section 48.193 ( 1 )( a )( 4 ) applies to insurers who are defendants and does not provide a basis for long-arm jurisdiction of an out of state entity that procured insurance for a Florida property in which it has an interest .
Corredor v . Nichols , Case No . 3D21-1296 ( Fla . 3d DCA 2022 ). An award of fees and costs incurred by a receiver ’ s experts must be made in the name of the receiver and may not be made in the name of the non-party expert .
Maroone Chevrolet , LLC v . Alvarado , Case No . 4D21-485 ( Fla . 4th DCA 2022 ). Florida ’ s Unfair and Deceptive Practices Act awards only actual - not consequential - damages and accordingly diminution in value is awardable but deposits , loan , and warranty payments are not awardable .
Beacon Park Phase II Homeowners Association , Inc . v . Eagle Vista Equities ,
LLC , Case No . 5D22-1077 ( Fla . 5th DCA 2022 ). There is no blanket-attorney client protection for billing records and opposing counsel ’ s records are relevant to the issue of reasonableness of time expended in a claim for attorney ’ s fees , and their discovery falls within the discretion of the trial court when the fees are contested .
Fiberoptics Technology , Inc . v . Sunoptic Technologies , LLC , Case No . 1D21-3820 ( Fla . 1st DCA 2022 ). A trial court faced with an objection to production based on trade secrets must conduct a hearing and issue findings whether the information requested includes trade secrets , and if so , whether the party seeking production can show a reasonable necessity for the information , and furthermore must determine what safeguards should be put in place to protect the information .
814 Property Holdings , LLC v . New Birth Baptist Church Cathedral of Faith International , Inc ., Case No . 3D20-0233 ( Fla . 3d DCA 2022 ). The Third District sua sponte clarifies its prior opinion and holds that an option contract in a condominium declaration is a restraint on alienation and as such must be measured in terms of duration , type of alienation precluded , or the size of the class precluded from taking ; an option contract which both a fixed price and an indefinite duration on the purchase option is unenforceable .
Karenza Apartments , LLP v . City of Miami , Case No . 3D21-384 ( Fla . 3d DCA 2022 ). The owner of an apartment building that rents its outside for the placement of advertising mural may have a claim under the Bert J . Harris Act .
Lawrence v . Marina Tower of Turnberry Isle Condominium Association , Inc ., Case No . 3D21-1337 ( Fla . 3d DCA 2022 ). A purchaser at a foreclosure sale is a “ quasi-party ” entitled to participate in the proceedings and may be awarded Florida Statute section 57.105 sanctions .
The Avael Law Firm , PLLC v Sechrist , Case No . 3D21-1985 ( Fla . 3d DCA 2022 ). An order denying a motion to quash impleader of a third party under Florida Statute section 56.29 is a non-final order that is appealable under Florida Rule of Appellate Procedure 9.130 ( a )( 3 )( C )( i ), but is not reviewable under Florida Rule of Civil Procedure 1.540 .
Citizens For Responsible Development , Inc . v . The City f Dania Beach , Case No . 4D21-1306 ( Fla . 4th DCA 2022 ). An objection to the process used to approve a development order ( not just zoning approvals ) is subject to the requirement of demonstrating special damages under
PBCBA BAR BULLETIN 19
Renard v . Dade County , 261 So . 2d 832 ( Fla . 1972 ) ( objecting party must show that it was damaged differently than other citizens ).
Southam v . Red Wing Shoe Company , Inc ., Case No . 4D21-3338 ( Fla . 4th DCA 2022 ). A claimant under the Fair and Accurate Credit Transactions Act must comply with the requirements of Transunion LLC v . Ramirez , 141 S . Ct . 2190 , 2200 ( 2021 ), and demonstrate “ economic ” or “ distinct or palpable ” injury .
U . S . Bank National Association v . Qadir , Case No . 1D21-1878 ( Fla . 1st DCA 2022 ). A party defending on the basis of unclean hands must produce substantial , competent evidence that there was condemnable conduct , reliance on the conduct , that the conduct was related to the litigation , and that injury resulted from the conduct .
City of Miami Gardens v . City of North Miami Beach , Case No . 3D21-865 ( Fla . 3d DCA 2022 ). Florida Statute section 180.191 ( 1 )( a ) permits a municipality that operates a water plant to impose a 25 % surcharge on water distributed to customers who are outside the municipality ’ s boundaries .
Navarro v . Varela , Case No . 3D21-1791 ( Fla . 3d DCA 2022 ). The claims raised in an arbitration must have a sufficient nexus to the contract from which the arbitration arose .
Malek v . Malek , Case No . 3D21-2451 ( Fla . 3d DCA 2022 ). An agreement requiring arbitration between a corporation and one of its shareholders is not implicated when a divorcing husband and wife are contesting who owns the corporation .
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