REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
SICIS North America , Inc . v . Sadie ’ s Hideaway ,
LLC , Case No . 1D23-8 ( Fla . 1st DCA 2023 ). An owner of real property whose construction company , i . e ., agent , purchased construction materials from a manufacturer must arbitrate claims against the manufacturer if the warranty for the materials purchased by the construction company contained an arbitration provision .
DJB Rentals , LLC v . City of Largo , Case No . 2D22-693 ( Fla . 2d DCA 2023 ). An as-applied constitutional challenge may not be raised for the first time in a lien foreclosure action , i . e ., the issues must have been raised first in an appeal from the magistrate order confirming the lien .
Mawardi v . Cohen , Case No . 4D21-2291 ( Fla . 4th DCA 2023 ). A fiduciary relationship does not arise in the typical creditor-debtor relationship .
Allison v . The Grand at Olde Carrollwood Condominium Association , Inc ., Case No . 2D22-1521 ( Fla . 2d DCA 2023 ). A trial court conducting a trial de novo after a failed arbitration under Florida Statute section 718.1255 ( 4 ) cannot sit in an appellate capacity but must instead conduct an entirely new trial where the arbitration decision is admissible but not binding on the trial court .
Warren Gammill & Associates , P . L . v .
Sommers , Case No . 3D23-1123 ( Fla . 3d DCA 2023 ). Under Rule Regulating the Florida Bar 4-3.7 , a trial court has discretion to prevent prejudice and confusion when deciding whether counsel for one party can be witness at trial .
Young v . Kopchak , Case No . 4D22-2289 ( Fla . 4th DCA 2023 ). Social media posts which are only tangentially connected to pending litigation do not enjoy protection from defamation claims under the Litigation Privilege .
Fision Corporation v . Frueh , Case No . 2D22- 2517 ( Fla . 2d DCA 2023 ).
A promissory note whose repayment terms state it “ shall be paid out of any bridge financing or other funding received by either the Borrower or the Guarantor ” requires payment in cash , not stock of the borrower .
Belkova v . Deer Run Property Owners ’ Association , Inc ., Case No . 4D21-2924 ( Fla . 4th DCA 2023 ). A state court can award attorney ’ s fees for work done in bankruptcy court so long as the bankruptcy court did not dispose of the property in litigation ; conflict certified with Florida Federal Savings & Loan Ass ' n v . Sanchez , 553 So . 2d 1254 , 1255 ( Fla . 3d DCA 1989 ), Sanchez in Pastore-Borroto Development , Inc . v . Marevista Apartments , M . B ., Inc ., 596 So . 2d 526 ( Fla . 3d DCA 1992 ), and Martinez v . Giacobbe , 951 So . 2d 902 ( Fla . 3d DCA 2007 ).
Mcconico v . Morgan ’ s Mill Property Owners Association , Inc ., Case No . 6D23-1213 ( Fla . 6th DCA 2023 ). A homeowner ’ s association which has the ability under its declaration to remedy a homeowner violation by itself has an adequate remedy at law and is not entitled to a mandatory injunction requiring the homeowner to remedy the violation .
UPCOMING PBCBA CLE EVENTS
Thursday , October 5 th 11:45 A . M . - 1:00 P . M . The Ben Hotel - WPB State of the FL Bar with FL Bar President Scott Westheimer
Tuesday , October 24 th 11:30 A . M . - 1:30 P . M . Bar Office
Real Estate 101
PBCBA BAR BULLETIN 24
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