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
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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.