PBCBA BAR BULLETINS MAY 2020 BULLETIN - Page 19

REAL ESTATE CORNER Florida Real Property and Business Litigation Report MANUEL FARACH In Re: Amendments to The Florida Rules Of Judicial Administration, The Florida Rules Of Civil Procedure, And The Florida Rules Of Criminal Procedure—Standard Jury Instructions, Case No. SC20-145 (Fla. 2020). The Florida Supreme Court will no longer approve proposed jury instructions drafted by the three standard jury instruction committees, and instead, each committee shall approve instructions by 2/3 vote. An arbitration agreement which contains improper damages and fees provisions is enforceable if the agreement contains appropriate severability provisions; conflict certified with Novosett v. Arc Villages II, LLC, 189 So. 3d 895 (Fla. 5th DCA 2016). A bankruptcy trustee has no rights in a debtor’s Proposal for Settlement that was not accepted within thirty days, thus a plaintiff cannot “withdraw” an unaccepted Proposal for Settlement after purchasing it from a bankruptcy trustee. Super Cars of Miami, LLC v. Webster, Case No. 3D19-0826 (Fla. 3d DCA 2020). The word “only” in a settlement agreement means “only” and a party that agrees to pay Hock v. Triad Guaranty Insurance Corpora- only for repair costs to a rented Lamborghini tion, Case No. 2D16-4008 (Fla. 2d DCA 2020). that was crashed is not liable for loss of A dissolved corporation may nonetheless rental income from the car. file suit as part of the “winding up” its affairs; no conflict certified with National BB Inlet Property, LLC v. N. Stanley Partners, Judgment Recovery Agency, Inc. v. Harris, LLC, Case No. 4D18-3765 (Fla. 4th DCA 2020). 826 So. 2d 1034 (Fla. 4th DCA 2002) (en Upland property owners have common banc), and Cygnet Homes, Inc. v. Kaleny Ltd. law littoral rights, including: “(1) the right of Florida, Inc., 681 So. 2d 826 (Fla. 5th DCA to have access to the water; (2) the right to 1996). reasonably use the water; (3) the right to accretion and reliction; and (4) the right to Law v. Law, Case No. 3D18-1177 (Fla. 3d DCA the unobstructed view of the water,” and if 2020). the upland owner complies with the Public A claim for attorney’s fees based on an Trust Doctrine, to construct a dock over a indemnification contract is different from submerged property owner’s property to and does not have to meet the requirements access navigable water. of a prevailing party attorney’s fees claim. World-Class Talent Experience, Inc. v. Howard and Associates Attorneys at Law, Giordano, Case No. 4D18-3807 (Fla. 4th DCA P.A BWCI Pension Trustees Limited, Case 2020). No. 4D19-1791 (Fla. 4th DCA 2020). A Second Stock Purchase Agreement that The rules regulating the professional uses the same consideration that was used conduct of attorneys do not create for the first Stock Purchase Agreement is substantive rights, thus Rule 5-1.1(f) does unenforceable for lack of consideration. not require a law firm to hold disputed monies in trust for a money manager with Citizens For Thoughtful Growth - West Palm which the law firm has a contract dispute. Beach, Inc. v. The City of West Palm Beach, Case No. 4D19-3316 (Fla. 4th DCA 2020). Deutsche Bank National Trust v. Bennett, Discovery to learn the members of a citizens’ Case No. 2D18-2020 (Fla. 2d DCA 2020). advocacy group, ostensibly to determine Upon rehearing, the Second District whether the group has standing to contest reaffirms that a sanctions order that development, is not permitted. dismisses an action without prejudice does not require trial court findings under Corey v. Unknown Heirs of Neuffer, Case No. Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla. 2D19-1083 (Fla. 2d DCA 2020). 1993); conflict certified with First and Third A purchaser under an agreement for deed is District Courts of Appeal. not an owner for purposes of determining the parties entitled to surplus foreclosure Morroni v. Wilmington Savings Fund sale funds under Florida Statute section Society FSB, Case No. 2D18-2347 (Fla. 2d 45.032. DCA 2020). A lender does not prove standing at trial Manatee County v. Mandarin Development, when it relies on an instrument claimed to Inc., Case No. 2D18-4053 (Fla. 2d DCA 2020). be an original note but fails to refute expert The statute of limitations begins to run testimony that the instrument is not an on a facial constitutional challenge to an original. ordinance when the ordinance is adopted. Clerk of the Circuit Court & Comptroller of Collier County v. Doe, Case Nos. 2D19-2368, 2D19-2620 (Fla. 2d DCA 2020). There is no statutory or common law duty for a Clerk of Court to redact confidential information, and as a result, cannot be held liable in tort for failure to redact. 4927 Voorhees Road, LLC v. Tesoriero, Case Allen v. Helms, Case No. 1D18-2417 (Fla. 1st No. 2D18-3668 (Fla. 2d DCA 2020). DCA 2020). PBCBA BAR BULLETIN 19 Mace v. M&T Bank, Case No. 2D16-3381 (Fla. 2d DCA 2020). The "additional evidence" can establish that a default letter was mailed are testimony of a witness or witnesses with personal knowledge of relevant facts, evidence that the organization responsible for mailing the letter had a routine practice with respect to mailing letters such that a court can infer that the routine practice was followed and the letter was mailed, and a return receipt or a log entry generated upon mailing that evidences a mailing. Jamieson v. Town of Fort Myers Beach, Case No. 2D19-238 (Fla. 2d DCA 2020). A landowner who purchased property with knowledge of a preexisting regulation does not operate as an absolute bar to a takings claim. Doe v. Natt, Case No. 2D19-1383 (Fla. 2d DCA 2020). An arbitration provision which refers to a set of rules that delegate the issue of arbitrability to the arbitrator does not satisfy the requirement that parties clearly and unmistakably delegate the power to the arbitrator. Elizon DB Transfer Agent, LLC v. Ivy Chase Apartments, LTD., Case No. 2D19-1853 (Fla. 2d DCA 2020). An allonge signed before closing can still establish standing. Gannon Airbnb, Inc., Case No. 4D19-541 (Fla. 4th DCA 2020). Online property search platforms are not required to collect and remit a county’s tourist development (bed) tax to the county’s tax collector.