REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Fulton v. Fulton County Board of
Commissioners, Case No. 22-12041( 11th Cir. 2025). Where no adequate statutory or statelaw remedy exists, the Takings Clause of the Fifth and Fourteenth Amendments provides a direct cause of action independent of 42 U. S. C. § 1983 against local governments for " just compensation."
Glynn Environmental Coalition, Inc. v. Sea Island Acquisition, LLC, Case No. 24-10710( 11th Cir. 2025). Landowners do not waive jurisdictional arguments in citizen enforcement actions when they accept a Corps nationwide permit under a preliminary jurisdictional determination. Additionally, a citizensuit under the Clean Water Act must sufficiently plead that the wetlands in question maintain a continuous surface connection to waters of the United States pursuant to the dictates of Sackett v. EPA, 143 S. Ct. 1322( 2023).
Pop v. LuliFama. com LLC, Case No. 24- 11048( 11th Cir. 2025). FDUTPA claims that sound in fraud must comply with Rule 9( b), and accordingly, plaintiffs must plead with particularity the alleged deceptive conduct by social media influencers to state a FDUTPA cause of action.
TL90108 LLC v. Ford, No. 21-10456( 11th Cir. 2025). Equitable tolling does not apply to the Bankruptcy Rule of Procedure 4007( c) deadline to file a § 523( c) complaint despite the Supreme Court’ s later decisions in Kontrick v. Ryan, 540 U. S. 443( 2004), and Holland v. Florida, 560 U. S. 631( 2010).
ECB USA, Inc. v. Savencia Cheese USA, LLC, Case No. 23-12580( 11th Cir. 2025). Personal jurisdiction cannot be established through defendants ' communications with plaintiffs ' Florida-based attorney or the attorney accessing a digital“ deal room” in
Florida because such contact constitutes unilateral activity by plaintiffs that fails to create minimum contacts with the forum state.
In Re: Amendments to Rules Regulating the Florida Bar – Discipline Rules, Case No. SC2025-0019( Fla. 2025). The Florida Supreme Court adopts amendments to Rules Regulating The Florida Bar limiting the judicial referral process to exclude judicial elections and anything learned of outside the course of the judicial officer’ s official duties, and for the Bar to refer back to a Local Professionalism Panel any conduct referred to it that“ does not result in bar disciplinary proceedings or diversion to a practice and professionalism program in lieu of discipline.”
In Re: Amendments to Rules Regulating the Florida Bar – Chapter 1, Case No. SC2025- 0020( Fla. 2025). The Florida Supreme Court restructures delinquency provisions, requires lawyers admitted pro hac to report annually and within 30 days of termination of the lawyer’ s representation or the proceedings concluding, and eliminating prorated membership fees for new members while exempting those admitted from April 1 through June 30.
AK Land Title, LLC v. Hurd, Case No. 1D2024- 1319( Fla. 1st DCA 2025). A party can enforce an easement across a vacant lot for beach privileges but cannot impose an injunction prohibiting any construction on the property as an easement cannot be inconsistent with the general property rights of an owner and an easement holder’ s rights in the property are not absolute and unlimited.
Stevenson v. Israeli, Case No. 3D24-0618( Fla. 3d DCA 2025). Defense counsel ' s closing argument comments accusing opposing counsel of lying and engaging in a " celebrity shakedown " constituted fundamental error that impugned the integrity of plaintiffs ' counsel and denied plaintiffs a fair trial.
Leavitt Recreation & Hospitality Insurance, Inc. v. Florida Caverns R. V. Resort, LLC, Case No. 1D2023-2119( Fla. 1st DCA 2025). Summary judgment cannot be granted in a negligent procurement of insurance case when there are material facts in dispute, including when the record demonstrates the insurance broker ' s own agent testified that power-station coverage was available for the policy at issue.
Stevens v. Florida Peninsula Insurance
Company, Case No. 2D2024-0253( Fla. 2d DCA 2025). Proposals for settlement containing general releases, which proposals were made and rejected before the 2022 amendments to Rule 1.442 prohibiting general releases became effective, remain valid under the law in effect at the time of service and rejection.
Custom Homes by Triumph, LLC v. Sverdlow, Case No. 2D2024-0148( Fla. 2d DCA 2025). Florida Statute section 713.21( 4) requires the clerk to issue a show-cause summons to trigger the statute’ s 20 day discharge deadline so there is no ability to discharge if the clerk has not issued the summons even if the 20 days have passed.
Georgetown Community Association, Inc. v. Elie, Case No. 4D2024-1632( Fla. 4th DCA 2025). A motion for reconsideration of an order granting a motion to vacate a final judgment does not toll rendition of the time to file an appeal as Florida Rule of Appellate Procedure 9.130( a)( 5) tolls rendition only for“ authorized” motions from“ final judgments” and an order granting a motion to vacate a final judgment is not itself a“ final judgment.”
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PBCBA BAR BULLETIN 22