REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Maki v . NCP Bayou 2 , LLC , Case No . 6D23- 643 ( Fla . 6th DCA 2023 ). A lender may choose to foreclose a mortgage and later seek a claim on a related note , but the ability to split these causes of action does not extend the statute of limitations applicable to the later filed action .
Goknar v . Goknar , Case No . 2D22-1407 ( Fla . 2d DCA 2023 ). A party seeking “ fees for fees ” under the inequitable conduct doctrine must put the defending party on notice it is relying on the doctrine as the basis for seeking “ fees for fees .”
Seven Kings Holdings , Inc . v . Marina Grande Riviera Beach Condominium Association ,
Inc ., Case No . 4D22-2084 ( Fla . 4th DCA 2023 ). An easement appurtenant cannot be transferred to a third party separately from the dominant tenement even if the transferor attempts to do so through an assignment or delegation agreement .
Avatar Properties , Inc . v . Gundel , Case No . 6D23-170 ( Fla . 6th DCA 2023 ). Florida Statute section 720.308 limits foreclosable assessments to expenses ( no profit permitted ) and applies to third party entities other than the community association .
In Re : January 2021 Short Squeeze Trading
Litigation , Case No . 22-10669 ( 11th Cir . 2023 ). A website which restricts a customer ’ s ability to buy certain stocks does not violate agency and contract principles , nor tort principles when the alleged tort is to avoid causing purely economic loss .
Emergency Recovery , Inc . v . Hufnagle , Case No . 22-10048 ( 11th Cir . 2023 ). A Rule 59 ( e ) Motion to Alter or Amend Judgment applies to any order from which an appeal may lie , including an order granting a motion for voluntary dismissal which does not award attorney ’ s fees .
Grupo Unidos por el Canal , S . A . v . Autoridad Del Canal de Panamá , Case No . 21-14408 ( 11th Cir . 2023 ).
While arbitrators should liberally disclose background information about themselves prior to appointment , failure to disclose appointment of one arbitrator by another in a separate case is insufficient to justify vacatur of a final award .
D . H . Pace Company , Inc . OGD v . Equipment Company , LLC , Case No . 22-10985 ( 11th Cir . 2023 ). A trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even when its licensing agreement does not expressly authorize it to do so .
In Re : Amendments To Florida Rule of Civil Procedure 1.351 , Case No . SC2022-080 ( Fla . 2023 ). Rule 1.351 is amended to expand the time to object to notice production from a nonparty to 45 days if the notice is served simultaneously with the complaint .
Moore v . Wagner , Case No . 2D22-292 ( Fla . 2d DCA 2023 ). The following agreement to hold a lease open is not an agreement to enter into a lease , i . e ., a prohibited “ agreement to agree ,” but instead an independent agreement : APPLICATION DEPOSIT : Applicant and any co-applicants must pay in total the Application Fee and Application Deposit shown below . The Application Fee is a nonrefundable processing fee . The Application Deposit will be applied as part or all of the lease security deposit if a lease is entered into between the applicant ( and any coapplicants ) and the landlord . . . If applicant and any co-applicants are approved and applicant and any coapplicants refuse to enter into the proposed lease , the deposit will be forfeited as a liquidated damage for landlord ' s loss of rent and rerental expenses .
Bydalek v . Saenz , Case No . 3D22-2085 ( Fla . 3d DCA 2023 ). Failure to comply with Florida Statute section 718.503 ( 2 )( c ) grants a buyer the right to cancel a condominium sales
PBCBA BAR BULLETIN 23 contract up to the date of closing .
Dobal v . Villas at South Beach Condominium Association , Inc ., Case No . 3D22-1169 ( Fla . 3d DCA 2023 ). Condominium association board members who target a former board member by refusing to fix the roof over his unit , keeping him from fixing the roof himself , and requiring an engineer to change his report stating the roof needed to be fixed engage in action “ with malicious purpose , or in a manner exhibiting wanton and willful disregard of human rights , safety , or property ” such that immunity from suit under Florida Statute section 718.111 ( 1 )( d ) is lost .
Inspired Capital , LLC v . Howell , Case No . 3D22-1220 ( Fla . 3d DCA 2023 ). Out-of-pocket damages are general damages which need not be specifically pled at motion to dismiss but must be contested with specificity at the summary judgment stage .
Peaceful Paws Memorial Services LLC v .
Tarves , Case No . 3D23-348 ( Fla . 3d DCA 2023 ). Service on a limited liability company must be accomplished in accordance with Florida Statute section 48.062 , not other sections of Chapter 48 .
Rhythm & Hues , LLC v . Nature ’ s Lawn Care ,
Inc ., Case No . 4D22-2859 ( Fla . 4th DCA 2023 ). An implied contract is generally barred when there exists an express contract but “ may arise out of an express contract where a contractor or subcontractor performs ‘ extras ’ not covered by the original contract .”
( Continued on next page )