REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Glasser v. Hilton Grand Vacations Company,
LLC, Case No. 18-14499 (11th Cir. 2020).
An “automatic telephone dialing system” that
does not use random or sequentially generated
number or that requires human intervention
does not violate 47 U.S.C. § 227(b)(1)(A) of the
Telephone Consumer Protection Act.
Jones v. U.S. Bank Trust, N.A., Case No.
2D18-2106 (Fla. 2d DCA 2020).
The court discusses the split in the districts
over whether “no standing” means no fees, and
further holds a mortgage is not a “stand-alone
contract” and is only a lien on real property.
Taneja v. Saraiya , Case No. 2D18-294 (Fla. 2d
DCA 2020).
A trial court, in its discretion, may allow or
not allow discovery of a Special Litigation
Committee appointed under Florida Statutes
section 605.0804 of the Florida Limited Liability
Act.
Yam Export & Import LLC v. Nicaragua Tobacco
Imports, Inc. , Case No. 3D19-1083 (Fla. 3d DCA
2020).
The issue of whether a party has waived the
right to arbitrate because of failure to make
payments under the contract containing the
arbitration agreement is itself an arbitrable
issue to be determined by the arbitration panel.
judgment under the sale.
4D19-325 (Fla. 4th DCA 2020).
A lender seeking to re-establish a lost
Darrisaw v. Pennsylvania Higher Education promissory note need not prove exactly when,
Assistance Agency , Case No. 17-12113 (11th Cir. how and by whom a promissory note was lost.
2020).
A guaranty agency for federal student loans Royal Palm Properties, LLC v. Pink Palm
is collecting loans “incidental to a bona fide Properties, LLC, Case No. 18-14092 (11th Cir.
fiduciary obligation” under 15 U.S.C. § 1692a(6) 2020).
(F)(i) and thus is not a debt collector under the A competing real estate company may have a
Fair Debt Collection Practices Act.
competitor’s service mark canceled but must
first prove the contested mark is not distinctive
Griffin Lasalle Bank, N.A., Case No. SC18-1132 and is confusing similar to other registered
(Fla. 2020).
marks.
A circuit court has continuing jurisdiction to
consider a third-party purchaser’s motion to Household Finance Corp III v. Williams , Case
recover the value of repairs and improvements No. 4D18-1570 (Fla. 4th DCA 2020).
made to the property purchased at a foreclosure A reformation action is outside a contract and
sale that was later vacated.
thus is not entitled to an award of fees under
Florida Statute section 57.105(7).
2-Bal Bay Properties, LLC v. Asset Management
Holdings, LLC, Case No. 2D18-2873 (Fla. 2d DCA Kostoglou v. Fortuna , Case No. 4D19-168 (Fla.
2020).
4th DCA 2020).
A court may only award as damages for A charging order under Florida Statute section
improvement in an unjust enrichment case 605.0503(1) entitles a creditor to payment of any
base on the increase in value of the property, not distributions made that would have otherwise
the cost of the improvements.
gone to the judgment debtor.
BMG Realty Group, LLC v. U.S. Bank National
Association , Case No. 2D18-5124 (Fla. 2d DCA
2020).
The statute of limitations to enforce a mortgage
does not begin to run upon the borrower’s
Esslinger-Wooten-Maxwell, Inc. v. Lones Family surrender of the property in bankruptcy court.
Limited Partnership , Case Nos. 3D19-49, 3D19-
135 (Fla. 3d DCA 2020).
City of Miami Gardens v. US Bank National
A sale that occurred six years after the Association , Case No. 3D19-1263 (Fla. 3d DCA
termination of the contractual one year 2020).
“protection period” of a listing agreement is Electronic copies, so long as they are certified,
not subject to the equitable procuring cause meet the requirements of Florida Statute section
doctrine for awarding of a sales commission
162.09(3) to establish a code enforcement lien.
The Citizens’ Independent Transportation Trust
of Miami-Dade County v. Schwiep , Case No.
3D19-1769 (Fla. 3d DCA 2020).
An administrative petition is not, for purposes
of an ordinance prohibiting members of a
commission filing lawsuits against a county,
a “lawsuit” that requires removal from the
commission.
Frantz v. EM Paving Corp. , Case No. 5D19-379
(Fla. 5th DCA 2020).
A party that has obtained both a construction
lien foreclosure judgment and a money
judgment cannot execute on its money
judgment if it proceeded forward to foreclosure
sale and must instead seek a deficiency
JF & LN, LLC v. Royal Oldsmobile-Gmc
Trucks Company, Case No. 2D18-523 (Fla. 2d
DCA 2020).
A tenant may not exercise an option to
purchase if it has failed to timely pay rent under
a lease agreement that allows tenant an option
to purchase only if tenant is not in default.
Residents For A Better Community v. WCI
Communities, Inc., Case No. 2D18-1917 (Fla. 2d
DCA 2020).
A voluntary dismissal does not always make
the non-dismissing party a prevailing party
on the question of attorney’s fees; a court may
Efron v. UBS Financial Services Incorporated look behind a voluntary dismissal at the facts
of Puerto Rico , Case No. 3D19-357 (Fla. 3d DCA of the litigation to determine if a party has truly
2020).
prevailed.
An arbitration panel’s refusal to grant
postponement of the final hearing (trial) upon Clark v. City of Pembroke Pines , Case No.
withdrawal of a party’s counsel deprives that 4D18-3549 (Fla. 4th DCA 2020).
party of a fair hearing and requires vacation of While a government limiting access to a
the arbitration award.
roadway is typically not considered an inverse
condemnation, such actions can constitute
Townsend v. Box, Trustee , Case No. 4D18- a compensable taking if there is a physical
3004 (Fla. 4th DCA 2020).
taking of property through imposition of
The lis pendens statute does not require a barriers, the selling of a right of way easement,
party in possession to intervene in litigation and substantial loss of access resulting in
regarding the property.
diminished use and benefit of the property and
municipal services.
Wells Fargo Bank, N.A. v. Bricourt, Case No.
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