REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Mooney v. Color Le Palais of Boynton Beach Homeowners Association, Inc., Case No. 4D2024-0967( Fla. 4th DCA 2025). Homeowners’ associations seeking injunctions to enforce restrictive covenants need not plead or prove irreparable harm or absence of adequate remedy at law. Likewise, Florida Statute section 720.305( 1) permits self-help remedies; conflict is certified with Mauriello v. Property Owners Ass’ n of Lake Parker Estates, 337 So. 3d 484( Fla. 2d DCA 2022), and McConico v. Morgan’ s Mill Property Owners Ass’ n, 387 So. 3d 368, 369( Fla. 6th DCA 2023).
Hanniford v. United Services Automobile
Association, Case No. 1D2024-0196( Fla. 1st DCA 2025). A law firm ' s failure to timely file a motion for trial de novo following nonbinding arbitration constitutes attorney misfeasance rather than excusable neglect when the two attorneys of the firm chose inaction despite receiving communications from opposing counsel about the arbitration award and failed to update the court ' s e-filing portal or check the court docket.
McPherson v. Samuel, Case No. 4D2023- 2613( Fla. 4th DCA 2025). Courts determine appellate fee awards based on whether the appellant prevailed on the significant issues litigated on appeal, not whether the appellant ultimately prevailed after completing all litigation, and accordingly, an appellant who prevails on the significant issue of denial of due process is entitled to appellate costs even when a temporary injunction remains in place following reversal.
Delta Air Lines, Inc. v. Iuliano, Case No. 4D2025-0576( Fla. 4th DCA 2025). Federal law does not preempt a plaintiff ' s suit seeking enforcement of federal security fee regulations against an airline under 49 U. S. C. § 41713( b)( 1) when the flight contract ' s choice of law provision merely designates the governing jurisdiction rather than explicitly adopting federal regulations, and as a result, does not comply with the requirements of the Am. Airlines v. Wolens, 513 U. S. 219, exception to federal preemption.
US Bank National Association v. Estate of
Zayas, Case No. 5D2024-2160( Fla. 5th DCA 2025). Trial courts lack case jurisdiction to issue post-judgment orders on topics not specifically reserved in the final judgment such that a general reservation of jurisdiction " to enter further orders that are proper " is insufficient retention of case or procedural jurisdiction for specific matters not explicitly listed.
16205 Captiva Drive, LLC v. Levinson, Case No. 6D2023-0552( Fla. 6th DCA 2025). A genuine dispute of material fact precludes summary judgment terminating easements when a party ' s evidence shows multiple official addresses for the defendant LLC and the sole managing member testifies he did not receive the payment demand because the sender failed to include " attention Colm Lanigan " in the demand sent to the Abu Dhabi address.
Kapila v. CTS Equities Limited Partnership, Case No. 2D2024-0334( Fla. 2d DCA 2025). Funds that are encumbered by a valid lien at the time of transfer do not qualify as assets subject to avoidance under Florida ' s Uniform Fraudulent Transfer Act.
Engelin v. Portfolio Recovery Associates,
LLC, Case No. 2D2024-0640( Fla. 2d DCA 2025). A plaintiff defending an award of Florida Statute section 57.105( 7) attorney’ s fees against it waives the right to defend on the basis that a choice-of-law provision makes non-Florida law applicable if the issue is raised after dismissal of the lawsuit.
Carus v. Cove at Isles at Bayshore Homeowners Ass’ n, Case Nos. 3D25-1079 & 3D25-1177
( Fla. 3d DCA 2025). Extraordinary writs such as prohibition will not lie to correct lack of subject matter jurisdiction once a final judgment has issued but appellate remedies may be available.
Estate of Marvin Diamond v. U. S. Bank, National Association, Case No. 4D2024- 1896( Fla. 4th DCA 2025). Attorney’ s fees under Florida Statutes section 768.79 are unavailable when substantive law applied by lex loci contractus is that of another state instead of Florida.
Aydulun v. Cardona, Case No. 4D2024-2637( Fla. 4th DCA 2025). Dismissal with prejudice is error where pleading defects may be cured by amendment and the trial court did not find amendment would be futile.
Morsi v. Wellington Regional Medical Center, LLC, Case No. 4D2024-2893( Fla. 4th DCA 2025). A non-party hospital cannot enforce an arbitration clause in a physician ' s employment contract when the contract does not expressly confer third-party beneficiary status.
Garcia v. Piper Industrial Complex, LLC, Case No. 3D24-1235( Fla. 3d DCA 2025). The transfer of a 50 % ownership interest in a commercial property constitutes a " change of ownership or control " under Florida Statutes section 193.1555( 5)( b), thus requiring reassessment at just value and rendering the statute’ s ten percent assessment limitation inapplicable.
Hernandez v. Burleigh House Condominium,
Inc., No. 3D25-0109( Fla. 3d DCA 2025). Florida Statutes section 713.30 expressly preserves a lienor ' s right to maintain other actions at law thus extinguishment of a construction lien under Chapter 713 does not bar an unjust enrichment claim.
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PBCBA BAR BULLETIN 23