PBCBA BAR BULLETINS pbcba_bulletin_Dec. 2019 | Page 26

REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Lewis v. Innova Investment Group, LLC ,
Case No. 2D18-2116 (Fla. 2d DCA 2019).
A party that unequivocally surrenders
their property in a Chapter 13 bankruptcy
proceeding is estopped from challenging
a foreclosure proceeding in state court;
Fischer v. HSBC Bank USA , 257 So. 3d 512,
515 (Fla. 2d DCA 2018), is distinguished.
The time to appeal a final order runs
from rendition of the final order, and a re-
publication of the final order does not create
a new period to appeal.
Hurchalla v. Homeowners Choice Property
& Casualty Insurance Company, Inc. , Case
Nos. 4D18-2740 and 4D18-2935 (Fla. 4th DCA
2019).
An insurer may estopped from later denying
a defense even where the policy does not
cover the claim where the insurer defends
the insured and the insured has been
prejudiced by the insurer’s assumption of
the insured’s defense.
Soho Realty, LLC v. The Alexander
Condominium Association, Inc. , Case No.
3D18-1444 (Fla. 3d DCA 2019).
A mixed-use project in which some units
Seawatch at Marathon Condominium are occupied by permanent residents and
Association, Inc. v. The Guarantee Company some by transient residents is neither a
of North America, USA , Case Nos. 3D18-1450, “hotel” nor a “suite hotel” under the local Cabrera v. U.S. Bank National Association ,
ordinance.
Case No. 4D18-3537 (Fla. 4th DCA 2019).
3D18-1340, & 3D18-1337 (Fla. 3d DCA 2019).
An order dismissing a counterclaim seeking
Paragraph 4.2 of the standard American
Institute of Architects A312 surety bond form National Collegiate Student Loan Trust class certification of alleged foreclosure
permits the surety to select the defaulting 2007-3 v. De Leon , Case No. 3D18-1494 (Fla. damages is, in effect, an order denying
class certification under Florida Rule of
principal as the contractor to finish the 3d DCA 2019).
project notwithstanding an objection from Res judicata only applies to claims actually Appellate Procedure 9.130(a)(3)(C)(vi) and is
litigated and decided in a different case, immediately appealable.
the owner.
and accordingly a bankruptcy creditor
Mt. Plymouth Land Owners' League, Inc. whose claims were not actually decided in Mahinbakht v. Mahinbakht , Case No. 4D18-
v. Lake County, Florida , Case No. 5D19-780 the bankruptcy case and against which the 3614 (Fla. 4th DCA 2019).
discharge injunction may not apply, is not Residence in Florida alone is not a basis to
(Fla. 5th DCA 2019).
A county is bound by its own ordinances, estopped from bringing a state court suit for deny a Motion for Forum Non Conveniens.
and may not permit a communications the debt.
Kelly v. Duggan , Case No. 1D17-3618 (Fla. 1st
tower in contravention of the setbacks in
its land development regulations when the Nunez v. Allen , Case No. 5D14-4386 (Fla. 5th DCA 2019
Condominium association assessments
regulations do not authorize variances in DCA 2019).
Attorneys who are parties to litigation and are a “consumer debt” under the Florida
this instance.
successfully represent themselves are Consumer Collection Practices Act, Florida
Georgia State Conference of the NAACP v. entitled to an award of attorney’s fees so long Statutes section 559.55 - .785; conflict
City of LaGrange, Georgia , Case No. 18-10053 as the awarded time was spent as attorney certified with Bryan v. Clayton , 698 So. 2d
(not as a party) and is not duplicative of 1236 (Fla. 5th DCA 1997), rev. denied, 707 So.
(11th Cir. 2019).
2d 1123 (Fla. 1998), cert. denied, 524 U.S. 933
Section 3604(b) of the Fair Housing Act, other counsel’s work.
(1998).
42 U.S.C. § 3601 et seq. (discrimination
based on “race, color, religion, sex, familial Gannon v. Cuckler , Case No. 2D17-4888 (Fla.
Chapman v. Town of Redington Beach , Case
status, or national origin” in connection 2d DCA 2019).
with the “sale or rental of a dwelling, or Lack of personal jurisdiction must be raised No. 2D16-5263 (Fla. 2d DCA 2019).
in the provision of services or facilities in by motion pursuant to Florida Rule of Civil A property owner suing an adjoining
connection therewith” is prohibited) also Procedure 1.140(b) otherwise it is waived; property owner for violation of municipal
applies to conduct after an individual has conflict certified with Third, Fourth and ordinances must show special damages
Fifth District Courts of Appeal.
but may - by virtue of their proximity to the
acquired housing.
violation - be peculiarly and sufficiently
Thompson v. Gargula (In Re: Glenn Lee U.S. Bank, National Association v. Sturm , affected by the violation to have suffered
special damages notwithstanding the
Thompson) , Case No. 18-11885 (11th Cir. Case No. 2D18-757 (Fla. 2d DCA 2019).
A foreclosing lender may claim as damages injuries might be described as similar to
2019).
11 U.S.C. section 727(d)(2) (discharge vacated all monies due, not just those that accrued other community members.
due to failure to disclose property of the within five years of default; the Second
estate) - unlike section 727(d)(1) (discharge aligns with the Third, Fourth and Fifth Systemax, Inc. v. Fiorentino , Case No. 3D17-
2722 (Fla. 3d DCA 2019).
vacated due to fraud of debtor) - does not Districts.
The victim of a federal crime may, under
require the party requesting revocation
have been devoid of knowledge of the bad Eskenazi v. Eskenazi , Case 3D18-1924 (Fla. 18 U.S.C. § 3664 (m)(1)(B), record but cannot
3d DCA 2019).
enforce a federal restitution order.
acts during the bankruptcy.
A party that seeks affirmative relief from a
Florida Agriculture and Mechanical court consents to the court’s jurisdiction.
University v. United Faculty of Florida , Case
No. 1D17-2405 (Fla. 1st DCA 2019).
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