PBCBA BAR BULLETINS pbcba_bulletin_June 2019 - Page 22
REAL ESTATE C o r n e r
Florida Real Property and Business Litigation Report
de Diego v. Barrios , Case No. 3D17-1990 (Fla.
3d DCA 2019).
Broz v. Reece , Case No. 3D18-273 (Fla. 3d Fraud or other egregious act is necessary
in order to impose an equitable lien on
The statute of limitations in a negligence homestead property.
suit against a surveyor is not tolled by the
Delayed Discovery Doctrine.
Megacenter US LLC v. Goodman Doral 88th
Court LLC , Case No. 3D18-519 (Fla. 3d DCA
Keys Country Resort, LLC v. 1733 Overseas 2019).
Highway, LLC , No. 3D18-1013 (Fla. 3d DCA A buyer's email notification of intention
to terminate and later formal written
Competing affidavits whether a particular termination is sufficient substantial
parcel was intended to be included in a compliance with a contract provision
mortgage require a motion for summary that requires written notification.
judgment of reformation of the mortgage be
Perera v. Diolife LLC , Case No. 4D18-892 (Fla.
4th DCA 2019).
Glass v. Nationstar Mortgage, LLC , Case No. Applying Professional Insurance Corp. v.
SC17-1387 (Fla. 2019).
Cahill, 90 So. 2d 916 (Fla. 1956), the Fourth
Jurisdiction was improvidently granted District holds that "no oral modification"
in the case, the opinion of January 4, 2019 clauses are enforceable as written unless
awarding attorney's fees notwithstanding the oral modification " has been accepted
lack of connexity between the parties is and acted upon by the parties in such
withdrawn, and jurisdiction is discharged.
manner as would work a fraud on either
party to refuse to enforce it."
Maguire-Ress v. Stettner , Case No. 4D18-
2742 (Fla. 4th DCA 2019).
Florida Investment Group 100, LLC v.
A party seeking summary judgment in a LaFont , Case No. 4D18-2075 (Fla. 4th DCA
replevin action where the defense is the 2019).
items were gifted must set forth evidence An "insufficient appraisal" of a property
as to his own intent (donative or not).
does not excuse the buyer from closing
where the buyer never obtained Loan
CalAtlantic Group, Inc. v. Dau , Case No. Approval as defined in the contract.
5D18-1281 (Fla. 5th DCA 2019).
Whether or not the mutuality provision of The Bank of New York Mellon V. Florida
Florida Statute section 57.105(7) applies Kalanit 770 LLC, Case No. 4D18-3295 (Fla.
depends on the cause of action sought, not 4th DCA 2019).
on the outcome of the litigation.
An allonge may predate the execution of a
note as a party may contract to sell property
OneWest Bank, FSB v. Palmero , Case No. that it does not yet own.
3D14-3114 (Fla. 3d DCA 2019).
Even though a surviving spouse did not Smith v. Rodriguez , Case No. 5D17-3194 (Fla.
sign the mortgage, a surviving spouse is 5th DCA 2019).
a "borrower" under a reverse mortgage A non-reliance clause will not protect
that does not permit foreclosure until all for claims arising under Florida Statutes
borrowers pass away; other documents Chapter 475 when the contracts excludes
with Chapter 475 claims from the non-reliance
the mortgage cannot be considered in provision.
interpreting the mortgage terms even
though the other documents may have Shamrock-Shamrock, Inc. v. Remark , Case
created an ambiguity.
No. 5D18-1987 (Fla. 5th DCA 2019).
An individual member of a municipal
All Seasons Condominium Association, Inc. planning board not a party to litigation
v. Patrician Hotel, LLC , Case Nos. 3D17-132; between a developer and the municipality
3D17-130 (Fla. 3d DCA 2019).
may not be sued for spoliation of evidence
Unit owners in a condominium cannot, concerning actions she took while serving
under Florida Statute section 718.112, give on the planning board as Florida law
a general proxy to the association board to does not impose a duty on nonparties to
sell their units.
litigation to preserve evidence based solely
on the foreseeability of litigation.
188 So. 3d 923, 925 (Fla. 4th DCA 2016).
Diversicare Management Services Co. v.
The Estate Of Catt, Case No. 2D18-2554 (Fla.
2d DCA 2019).
Non-final appellate jurisdiction under
Florida Rule of Appellate Procedure 9.130(a)
(3)(C)(iv) to determine whether a party is
entitled to arbitration does not permit the
appellate court to adjudicate other issues
Hanna v. Pennymac Holdings, LLC , Case No.
4D18-1400 (Fla. 4th DCA 2019).
A negative-amortization provision does
not render non-negotiable an otherwise
negotiable promissory note.
Dorsey v. Robinson , Case No. 1D18-1297 (Fla.
1st DCA 2019).
“In possession of the lands” for purposes
of Florida Statute section 712.03(3)
(the “possession exception” to the
extinguishment provisions of the
Marketable Record Title Act) requires
more than merely the power to occupy
the land and may require continued
physical presence on the land.
Lehmann v. Cocoanut Bayou Association,
Inc. , Case No. 2D15-4968 (Fla. 2d DCA 2019).
The owner of land in a common law
dedication of a street retains title to the
dedicated land but the owner of land in a
statutory dedication does not. However,
the owner of land in a statutory dedication
retains a reversionary interest such that the
land returns to the owner (or the owner’s
successors in title) if the governmental
authority relinquishes the statutory
Wells Fargo Bank, N.A. v. Quest Systems,
LLC , Case No. 2D17-1184 (Fla. 2d DCA 2019).
On rehearing, the Second District holds that
a promissory note modification agreement
is an agreement “relating to” commercial
paper and is self-authenticating under
Florida Statute section 90.902(8).
Kronen v. Deutsche Bank National Trust
Company , Case No. 4D18-1137 (Fla. 4th DCA
A promissory note with its loan numbers
redacted as required under Florida Rule
of Judicial Administration 2.425(a)(4)(I)
is entitled to the presumption of standing
found in Ortiz v. PNC Bank, National Ass’n ,
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