REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
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
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
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.
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
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).
PBCBA BAR BULLETIN
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
Doe v. Natt, Case No. 2D19-1383 (Fla. 2d DCA
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
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
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