PBCBA BAR BULLETINS pbcba_bulletin_JulAug 2019 - Page 23
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
City of Miami v. Bank of American , Case No. 14-
14543 (11th Cir. 2019).
Redlining and reverse-redlining by banks
can constitute a violation of the Fair Housing
Act, which voliation is best addressed by the
municipality affected by the actions.
Brunson V. Ashley , Case Nos. 1D16-4972 & 1D17-
3532 (Fla. 1st DCA 2019).
A proposal for settlement is not invalid for
failure to describe the treatment of punitive
damages if the complaint does not demand
A trial court determining whether to allow
intervention must conduct an evidentiary
hearing to determine or must otherwise set
forth in an order how it considered the factors
set forth in Union Cent. Life Ins. Co. v. Carlisle,
593 So. 2d 505, 507 (Fla. 1992).
Plaza La Mer, Inc. v. Delray Property
Investments, Inc ., Case Nos. 4D16-2462, 4D18-
1068, and 4D18-1099 (Fla. 4th DCA 2019).
A trial court is not required to apportion an
award of fees where work on one claim cannot
be distinguished from work on other claims,
Crapo v. Gainesville Area Chamber of and accordingly, is not required to apportion
Commerce, Inc., Case No. 1D17-0452 (Fla. 1st work between joint parties when they
proceeded as one party in the litigation.
A chamber of commerce has a “charitable
purpose” as defined in the Florida Statutes and Manney v. MBV Engineering, Inc. , Case No.
5D18-1773 (Fla. 5th DCA 2019).
thus is exempt from ad valorem taxation.
A party hired to inspect completed
Joiner v. Pinellas County , Case No. 2D17-1040 construction, including a structural engineer,
is not hired with regard to the design, planning
(Fla. 2d DCA 2019).
A county’s immunity from ad valorem taxation or construction of a structure and thus may
on real property it owns does not apply to real not invoke the ten-year statute of repose under
Florida Statutes section 95.11(3)(c) but instead
property outside the county.
may be liable, under the Delayed Discovery
HSBC Bank USA, N.A. v. Leone , Case No. 2D17- Doctrine, until four years after a plaintiff
discovers the negligence.
2851 (Fla. 2d DCA 2019).
A second default notice for foreclosure does
not need to be given when the first foreclosure Alliant Tax Credit 31, Inc., V. Murphy , Case No.
15-14634 (11th Cir. 2019).
is dismissed without prejudice.
The Uniform Voidable Transactions Act does
Cornfeld v. Plaza of the Americas Club, Inc. , No. not require a heightened level of proof up to the
clear and convincing standard.
3D18-270 (Fla. 3d DCA 2019).
A shareholder’s derivative suit against the
not-for-profit corporation that operates a OneWest Bank, N.A. v. Leek-Tannenbaum ,
condominium complex must allege and prove Case No. 3D18-244 (Fla. 3d DCA 2019).
the corporation or its individual officers acted The Third District re-affirms that a spouse
fraudulently, illegally, oppressively or in bad who signs a mortgage as a “borrower” will be
faith in order to sustain a derivative action on treated as a borrower under the mortgage.
the corporation’s behalf under Florida Statute
FL Homes 1 LLC v. Kokolis , Case No. 4D18-2709
(Fla. 4th DCA 2019).
Comvest IMC Holdings, LLC v. IMC Group, LLC, The interests of a titleholder omitted from
a foreclosure lawsuit cannot be eliminated
Case No. 3D18-1155 (Fla. 3d DCA 2019).
A dispute resolution method as to valuation in through the use of the Lis Pendens statute’s
a sale agreement does not, without more, rise intervention requirement.
to the level of an arbitration agreement.
Mission Product Holdings, Inc. v. Tempnology,
Alessio v. Ocwen Loan Servicing, LLC, Case No. LLC , Case No. 17–1657 (2019).
Rejection of an executory contract under
4D18-793 (Fla. 4th DCA 2019).
When witness testimony is needed to prove Section 365 of the Bankruptcy Code has
mailing of a default notice, the witness must the same effect as if the contract has been
have personal knowledge of the business’s breached outside of the bankruptcy context
and does not rescind rights under the contract.
practices in mailing letters.
Wilson v. Amerilife of East Pasco, LLC , Case No.
2D18-2431 (Fla. 2d DCA 2019).
A party waives the right to arbitrate when
it files suit on a contract containing an
arbitration provision seeking therein relief
beyond that necessary for the trial court to
issue equitable relief.
Troncoso v. Larraín , Case No. 3D19-393 (Fla. 3d
In Re: Amendments to The Florida Evidence
Code , Case No. SC19-107 (Fla. 2019).
Chapter 2013-107, sections 1 and 2, Laws of
Florida, the “Daubert amendments) which
amended Florida Statutes sections 90.702
(testimony by experts) and 90.704 (basis of
opinion testimony by experts), is adopted by
PBCBA BAR BULLETIN
Valencia Golf and Country Club Homeowners'
Association, Inc. v. Community Resource
Services, Inc ., Case No. 2D17-4986 (Fla. 2d DCA
There is no “prevailing party” for purposes
of attorney’s fees awards when both parties
compromise and plaintiff dismisses the
Matlacha Civic Association, Inc. v. City of Cape
Coral , Case No. 2D18-419 (Fla. 2d DCA 2019).
A party opposing annexation under Florida
Statute Section 171.081(1) need only show
under the statute that it is a “party affected”
and need not demonstrate material injury.
Sea Vault Partners, LLC, v. Bermello, Ajamil &
Partners, Inc. , Case No. 3D17-2443 (Fla. 3d DCA
A trial court may not sanction a party for
failing to pay an arbitration fee and thus delay
the arbitration proceedings.
Falsetto v. Liss , Case No. 3D18-794 (Fla. 3d DCA
A general release that releases “known and
unknown” claims does not release un-accrued
Venezia v. JP Morgan Mortgage Acquisition
Corp., Case No. 4D18-1278 (Fla. 4th DCA 2019).
A party that voluntarily dismisses a suit is the
Levine v. Stimmel, Case No. 5D17-2572 (Fla. 5th
Attorney’s fees cannot be awarded for
unsuccessfully litigating entitlement to
Florida Statute section 57.105 fees.
Toscano Condominium Association, Inc.
v. DDA Engineers, P.A., Case No. 3D18-1762
(Fla. 3d DCA 2019).
An order denying a motion to amend
that does not dismiss the action is an
interlocutory order that cannot be appealed
until the conclusion of the case.
City of Pembroke Pines v. Corrections
Corporation of America, Inc., Case No. 4D18-
3168 (Fla. 4th DCA 2019).
Claims against a municipality for
declaratory judgment, promissory estoppel,
tortious interference with contract, and
tortious interference with an advantageous
business relationship are barred by Florida
Statute section 768.28.
Nazia, Inc. v. Amscot Corporation, Case No.
5D18-2502 (Fla. 5th DCA 2019).
Whether an instrument is a lease or a
license, and whether it is revocable or non-
revocable, is determined from the terms of
the instrument and not its title.