REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report( Continued)
MANUEL FARACH
Lynch v. Deutsche Bank National Trust Co., Case No. 3D26-1142( Fla. 3d DCA 2026). A petitioner challenging an order limiting discovery in a foreclosure action is not entitled to certiorari relief absent a showing of irreparable harm, which is rarely established when discovery is denied.
Univision Communications, Inc. v. Lam, Case No. 3D26-0014 & 3D26-0214( Fla. 3d DCA 2026). A nonfinal order striking, rather than denying, a successive Anti-SLAPP motion is not appealable under Florida Rule of Appellate Procedure 9.130( a)( 3)( J), and certiorari or mandamus does not lie when the trial court acts within its Florida Rule of General Practice 2.515 authority to strike the motion.
9740 W Bay Harbor Dr, LLC v. Bay Harbour Investment, Inc., Case No. 3D25-1232( Fla. 3d DCA 2026). A party ' s failure to file a timely post verdict motion for judgment in accordance with a prior motion for directed verdict waives appellate review of the directed verdict argument, and a decline in a property ' s market value resulting from fraud constitutes general, not special, damages.
Ryan v. Eckard, Case No. 2D2025-1624( Fla. 2d DCA 2026). Florida Statutes section 682.12 mandates confirmation of an arbitration award where no motion to vacate, modify, or correct the award is filed within the ninety-day period established by section 682.13( 2), and a trial court has no authority to extend that statutory period through a casemanagement stay.
Persechino v. Station Square Condominium Association, Inc., Case No. 2D2025-2610( Fla. 2d DCA 2026). Florida Statutes section 718.113( 8) does not preclude a condominium association from requiring compliance with the material-alteration approval procedures of section 718.113( 2)( a) when a unit owner ' s installation of an electric vehicle charging station constitutes a material alteration or substantial addition to the common elements.
Diaz v. Cat Cay Holdings JHR, LLC, Case No. 3D25-0068( Fla. 3d DCA 2026). A plaintiff who establishes the existence of a valid, enforceable express contract governing the parties ' transaction cannot, as a matter of law, recover under a theory of unjust enrichment.
McIntosh v. Wood, Case No. 3D25-1157( Fla. 3d DCA 2026). A trial court ' s stay of execution and writ of possession pending appeal is dissolved by operation of Florida Rule of Appellate Procedure 9.310( e) upon issuance of the mandate in a related appeal, mooting any appeal challenging denial of relief from that stay.
Wealth Mortgage Strategies, LLC v. Phinizee, Case No. 4D2025-2893( Fla. 4th DCA 2026). A motion to vacate a void order under Florida Rule of Civil Procedure 1.540( b)( 4) is subject to generous treatment of the " reasonable time " filing requirement because the passage of time cannot render valid an order that was void from the date of its entry.
SPOTLIGHT ON JUDICIAL APPRECIATION
Judge Dane Leitner( Pictured Left) & NCS President Brett Barner( Pictured Right)
In September, NCS President Brett Barner presented a gift to Judge Dane Leitner on behalf of the North County Section. Judge Leitner previously served on the NCS Board before his appointment to the bench. NCS is grateful for his contributions to the Section and was pleased to celebrate this next exciting chapter in his legal career.
PBCBA BAR BULLETIN 22