REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Concluded)
MANUEL FARACH
Buck v. Santos, Case No. 3D25-0111( Fla. 3d DCA 2025). A negotiated settlement agreement which contains benefits and obligations and denies fault precludes an essential element of malicious prosecution, i. e., a finding of " bona fide termination " in defendant ' s favor.
Harris v. Dazzo, Case No. 3D25-0825( Fla. 3d DCA 2025). Florida Statutes section 682.051 provides arbitrators with absolute immunity from suit to the same extent as judges so long as the person is acting in their capacity as an arbitrator when the alleged conduct occurred.
Upland Ventures, Inc. v. Diaz-Pichardo, Case No. 6D2023-3519( Fla. 6th DCA 2025). The successful bidder at a foreclosure sale is entitled to possession of the property regardless of whether the foreclosure pertained to a first or second mortgage.
Brown v. Thomas, Case No. 2D2024-1282( Fla. 2d DCA 2025). Determination of riparian rights requires a full analysis of shoreline geometry, channel direction, and the correlative rights of adjoining landowners; protection of a preexisting dock alone does not satisfy the requirements of Hayes v. Bowman, 91 So. 2d 795( Fla. 1957).
Shah v. Patel, Case No. 4D2024-1321( Fla. 4th DCA 2025). A forged management agreement that recharacterizes LLC loans as management fees at an unauthorized rate proximately causes legal damages, even when the parties knew about the loans and the loans were“ zeroed out.”
Sierra Orlando Properties, Ltd. v. Allen, Case No. 6D2023-2448( Fla. 6th DCA 2025). A landowner owes no duty of care to a pedestrian who traverses a grassy median not intended for pedestrian use when a sidewalk affords a safe alternative.
Gainesville Regional Utilities Authority v.
City of Gainesville, Case No. 1D2025-2062( Fla. 1st DCA 2025). Petitioners seeking a writ of injunction to preserve the status quo pending appeal must demonstrate immediate and ascertainable harm.
Florida Homeowner Equity and Lost Property, LLC v. Fairchild, Case No. 2D2024- 1332( Fla. 2d DCA 2025). Motions to disqualify must be legally sufficient and demonstrate an objectively reasonable belief that bias exists, and "[ c ] omments from the bench— even unflattering remarks— which reflect observations or mental impressions are not legally sufficient to require disqualification.”
Antezana v. Kimley-Horn & Associates, Inc., Case No. 4D2024-0486( Fla. 4th DCA 2025). Consulting engineers may face professional malpractice claims from third-party homeowners when their conduct breaches their standard of care and the breach proximately causes damages to the homeowners.
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