PBCBA BAR BULLETINS PBCBA Bulletin - February 2020 | Page 24

REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Carter Development of Massachusetts, LLC
v. Howard , Case No. 1D18-3075 (Fla. 1st DCA
2019).
An escrow agent only owes a duty per his
escrow agreement and does not owe a
Mattress One, Inc. v. Sunshop Properties, fiduciary duty to non-parties to the escrow
LLC , Case No. 3D19-0307 (Fla. 3d DCA 2019). agreement.
A registered agent’s unavailability during
the statutorily required times does not allow Magnolia Court, LLC v. Moon, LLC , Case No.
a process server to serve anyone at the No. 3D18-722 (Fla. 3d DCA 2019).
business premises without first complying An unregistered foreign limited liability
with Florida Statute section 48.081(1) (a company is subject to service under Florida
return of service must show the absence of Statute section 605.0904(6), and such
all officers of a superior class designated in service is “personal service” so that plaintiff
the statute before service can be obtained does not have to comply with the personal
by serving an officer or agent of an inferior service requirements of Florida Statutes
Chapter 48.
class).
DeMartini v. Town of Gulf Stream , Case No.
17-14177 (11th Cir. 2019).
Probable cause to file a RICO lawsuit defeats
a retaliatory Section 1983 lawsuit.
1601 Bay LLC v. Wilmington Savings Fund
Society, FSB , Case No. 3D19-492 (Fla. 3d DCA
2019).
A purchaser of property, including one
purchasing at a foreclosure sale, cannot
rely on a fraudulent satisfaction of a
prior mortgage in the title record and the
purchaser at the foreclosure sale does not
take title free of the unsatisfied mortgage.
The Naked Lady Ranch, Inc. v. Wycoki, Case
No. 4D18-2068 (Fla. 4th DCA 2019).
A court’s inquiry into suspension or
termination of a member of a corporation
is, under Florida Statute section 617.0607(1),
limited to determining whether the board
acted in a fair and reasonable manner and
in good faith.
Mantilla v. Fabian , Case No. 4D18-2429 (Fla.
4th DCA 2019).
A general release arising out of the sale of a
business does not preclude a later claim of
fraud in the inducement unless the release
specifically states that fraud is not grounds
for rescission.
Iglehart v. Mitbank USA, Inc. , Case Nos.
4D19-86 and 4D19-87 (Fla. 4th DCA 2019).
Contemporaneously executed contracts for
different functions between two parties,
one containing a mandatory arbitration
provision and the other containing an
exclusive venue litigation provision, do not
require arbitration of all disputes between
the parties.
Tanis v. HSBC Bank USA, N.A. , Case No.
3D18-2102 (Fla. 3d DCA 2019).
An attorney not of record is not entitled
to notice of a re-scheduled foreclosure
sale, even if the attorney attended and
participated in a hearing in the case.
Conrad FLB Management, LLC v. Diamond
Blue International, Inc. , Case No. 3D18-2540
(Fla. 3d DCA 2019).
A corporate or business name change has
no effect on the underlying obligations of
the business.
U.S. Bank Trust, N.A. v. Leigh , Case No. 5D17-
2967 (Fla. 5th DCA 2019).
A mortgage may permit a lender the
collection of attorney’s fees incurred in a
The Allegro at Boynton Beach, L.L.C. v. prior foreclosure action, even if the lender
Pearson , Case No. 4D18-3387 (Fla. 4th DCA was not successful in the first action.
2019).
A party may “deliver” a contract subject to Rotkiske v. Klemm , Case No. 18–328 (2019).
a right of first refusal through discovery in The one-year statute of limitations for
pending litigation.
violations of the Fair Debt Collection
Practices Act, 15 U. S. C. §1692k(d), begins to
In Re: Amendments to The Florida Rules of run when the violation occurs not when the
Civil Procedure–2019 Regular-Cycle Report, violation is discovered.
Case No. SC19-108 (Fla. 2019).
Substantial changes to the Florida Rules of High Five Products, Inc. v. Riddle , Case No.
Civil Procedure, including changes to the 2D19-913 (Fla. 2d DCA 2019).
remitter and additur.
The Second District aligns with the First,
Third and Fifth Districts and holds that an
Richard v. Asset Management West 15, LLC , order denying a motion to add a claim for
Case No. 2D18-4599 (Fla. 2d DCA 2019).
punitive damages is not reviewable via
An affidavit of indebtedness that does not certiorari.
attach business records is insufficient
evidence of the amount owed.
Gokalp v. Unsal , Case No. 4D18-2535 (Fla. 4th
DCA 2019).
Merrick Park, LLC v. Garcia , Case Nos. 3D18- A party which does not personally receive
2090 & 3D18-1393 (Fla. 3d DCA 2019).
property or profits from a real estate deal
Improvements on leased land are taxed cannot be held liable for conversion or civil
separately than the land itself, and the theft arising out of the deal.
owner of the improvements may not contest
the ad valorem valuation of the land.
295 Collins, LLC v. PSB Collins, LLC , Case No.
3D18-2069 (Fla. 3d DCA 2019).
“Prepay” a loan typically means a loan payoff
prior to the stated maturity of the loan and
does not require payoff of a loan prior to a
sale transaction, i.e., funds borrowed as part
of a closing may be used to pay the loan off
at closing.
PBCBA BAR BULLETIN
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