PBCBA BAR BULLETINS PBCBA Bulletin - January 2020 - Page 25

REAL ESTATE CORNER Florida Real Property and Business Litigation Report MANUEL FARACH Center for Biological Diversity v. U.S. Army Corps of Engineers , Case No. 18-10541 (11th Cir. 2019). An agency must consider the indirect environmental effects of its permits, but the indirect effects must be proximate and do not include effects that are insufficiently related to an agency’s action. A consumer must establish three things in order to allege a creditor used a false name in violation of the Fair Debt Collection Practices Act: use a name other than its own in a way that would indicate a third person is attempting to collect its debt, and to use the false name in the process of collecting its own debt. In Re: Amendments to Florida Rules of Appellate Procedure 9.120 And 9.210 , Case No. SC19-884 (Fla. 2019). Yarbrough v. Decatur Housing Authority, The Florida Rules of Appellate Procedure are amended to allow cross-notices and Case No. 17-11500 (11th Cir. 2019). Termination of housing vouchers issued briefs when jurisdiction is pending. under Section 8 of the Housing Act of 1937, 42 U.S.C. § 1437f requires “some evidence” but Blamey v. Menadier , Case No. 3D19-849 (Fla. not require a “robust substantive evaluation 3d DCA 2019). of the sufficiency of the evidence supporting Upon rehearing, the Third District An attorney’s drafting of a term sheet for an administrative determination.” purchase of corporate stock is sufficiently Wilcox v. Neville , Case No. 1D18-4057 (1st related to the dispute over failure to deliver the stock such that the attorney, who DCA 2019). Florida Statute section 768.79(6) requires represented the selling entity in some the “judgment obtained” calculation to matters, cannot represent the buyer against include the amount of any settlement by a the selling entity. co-defendant after the date of service of the offer on the defendant by which the verdict JJN FLB, LLC v. CFLB Partnership, LLC , Case No. 3D19-1875 (Fla. 3d DCA 2019). was reduced. Adverse rulings are not grounds for recusal The Prestige Gallery, Inc. v. Napleton , Case of a judge, but judicial findings that counsel lied in proceedings before the court indicate No. 1D18-2318 (Fla 1st DCA 2019). While there is no case law defining what future bias and require recusal. constitutes “nominal damages,” an award of Clairmont Condominium F $80,000 as nominal damages is excessive as Tison Association, Inc. , Case No. 4D19-117 (Fla. 4th a matter of law. DCA 2019). Hedden Z Oldco, LLC , Case No. 2D18-4584 Legal rights accrue are fixed when the last element of the cause of action occurs and (Fla. 2d DCA 2019). The filing of a declaratory judgment action not when the action is brought; accordingly as to one claim does not negate the right to a former unit owner who sold his unit is entitled to an award of attorney’s fees under arbitration arising from all claims. Florida Statute section 718.303(1) if he was a Port Royal Property, LLC v. Woodson Electric unit owner when his right to attorney’s fees Solutions, Inc. , Case No. 3D19-1397 (Fla. 3d accrued. DCA 2019). The four-part Kinney System, Inc. v. Central Florida Investments, Inc. v. Orange Continental Insurance Co., 674 So. 2d 86 (Fla. County , Case No. 5D19-943 (Fla. 5th DCA 1996), test is not to be used for determining 2019). Appeals from a local government code venue transfers within Florida. enforcement board are plenary appeals Carruth v. Bentley, Case No. 18-12224 (11th governed by Florida Statute section 162.11 and are not petitions for writ of certiorari. Cir. 2019). The Governor and those in his employ are entitled to qualified immunity for Pinson v. JPMorgan Chase Bank, National governmental actions taken to regulate a Association , Case No. 16-17107 (11th Cir. credit union. 2019). Classy Cycles, Inc. v. Panama City Beach , Case No. 1D18-3095 (Fla. 1st DCA 2019). The Municipal Home Rule Powers Act, Florida Statute section 166.021, inserted the rational basis test (an ordinance must be reasonable and not arbitrary) in place of the “per se nuisance” test (activity can only be banned if it is a per se nuisance) for determining whether activity can be banned; whether an ordinance is a zoning ordinance or a traffic control ordinance is irrelevant. Sellers v. Rushmore Loan Management Services, LLC , Case No. 18-11420 (11th Cir. 2019). Whether the Bankruptcy Code precludes or preempts Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq. claims is a common rather than individual issue, and thus may meet class certification predominance requirements. PBCBA BAR BULLETIN 25 Florida Department of Agriculture and Consumer Services v. Dolliver, Case No. 2D18-1393 (Fla. 2d DCA 2019). The Florida Legislature may not pass laws which restrict the obligation of Florida government to pay for takings without just compensation under Article X, section 6(a) of the Florida Constitution. Stacknik v. U.S. Bank National Association , Case No. 2D18-2156 (Fla. 2d DCA 2019). A mailing log is sufficient additional evidence to establish the mailing of a condition precedent letter. Villa Bellini Ristorante & Lounge, Inc. v. Mancini , Case No. 2D18-2249 (Fla. 2d DCA 2019). Florida law permits mandamus proceedings to allow shareholders in private corporations to inspect their corporation's books and records. Pillay v. Public Storage, Inc. , Case No. 4D19- 84 (Fla. 4th DCA 2019). Exculpatory clauses are effective in leases, and may bar negligence claims against a self-storage landlord. Bayview Loan Servicing, LLC, v. Cross , Case No. 5D18-2797 (Fla. 5DCA 2019). The standard FNMA mortgage does not permit an award of fees for litigating the amount of fees.