PBCBA BAR BULLETINS pbcba_bulletin_may 2018 | Page 19

REAL ESTATE C o r n e r
Florida Real Property and Business Litigation Report
MANNY FARACH
U. S. Bank N. A. v. Village at Lakeridge, LLC,
Case No. 15–1509 (2018).
A bankruptcy court’s determination of a
mixed question of law and fact (such as
who is a non-statutory “insider” under
the Bankruptcy Code) is reviewed under a
“clear” error” and not a de novo standard of
review.
international waters in the Pacific Ocean
on a cruise ship built in Italy which was
owned by a Washington corporation when
the injuries occurred.
Nationstar Mortgage, LLC v. Yesenia Silva,
Case No. 3D16-1936 (Fla. 3d DCA 2018).
A foreclosing lender is not required to
send a new notice of default if the default
Hemingway Villa Condominium Owners date in the foreclosure complaint is
Association, Inc. v. Wells Fargo Bank, N.A., changed, and substantial compliance with
Case No. 3D17-926 (Fla. 3d DCA 2018).
a condition precedent is sufficient unless
The Third District adopts Beltway Capital, the party to whom the notice is directed can
LLC v. Greens COA, Inc., 153 So. 3d 330 demonstrate prejudice, e.g., attempts to pay
(Fla. 5th DCA 2014), and holds that a “first in a mortgage foreclosure context.
mortgagee” for the purposes of the Safe
Harbor provision regarding association fees Citigroup Mortgage Loan Trust Inc. v.
“is simply one who holds the first mortgage, Scialabba, Case No. 4D17-401 (Fla. 4th DCA
whether that be the original lender or a 2018).
subsequent holder.”
Substantial compliance with a condition
precedent is sufficient unless the party
Meyrowitz v. Andrew M. Schwartz, P.A., to whom the notice is directed can
Case No. 4D17-1983 (Fla. 4th DCA 2018).
demonstrate prejudice, e.g., attempts to pay
The “tried on the following docket” in a mortgage foreclosure context.
exception of the requirement Florida Rule
of Civil Procedure 1.442’s requirement that CSC Serviceworks, Inc. v. Boca Bayou
a Proposal for Settlement is timely only if Condominium Association, Inc., Case No.
made 45 days before the beginning of the 4D17-0974 (Fla. 4th DCA 2018).
trial docket or the date of trial, whichever is An association disconnecting, but not
earlier, is if all parties know the case is to be removing, a prior servicer’s laundry
tried on a following docket.
equipment from a condominium association
laundry room does not constitute an
Deutsche Bank Trust Company Americas v. unlawful detainer by the association.
Merced, Case No. 5D16-3486 (Fla. 5th DCA
2018).
Palisades Owners’ Association, Inc. v.
Proof of contractual authority to testify Browning, Case No. 1D17-2129 (Fla. 1st DCA
is not required for a witness to lay the 2018).
predicate to testify under the Business A dispute between a property owner
Records Exception to the Hearsay Rule and an association alleging breaches of
because a witness may testify to matters fiduciary duty by the association is more
within his or her personal knowledge.
complex than garden-variety community
association disagreements and falls outside
Tobinick v. Novella, Case No. 16-16210 (11th the arbitration requirements of Florida
Cir. 2018).
Statute section 718.1255(1).
The “exceptional case” standard for
awarding attorney’s fees in Patent Act cases Ocean Concrete, Inc. v. Indian River County,
as set forth in Octane Fitness, LLC v. ICON Board Of County Commissioners, Case No.
Health & Fitness, Inc., 572 U.S. ___, (2014), 4D16-3210 (Fla. 4th DCA 2018).
also applies to Lanham Act cases.
A determination whether inordinate
government
regulation
violates
the
Fincantieri-Cantieri Navali Italiani S.p.A. v. anticipated use provision of the Bert Harris
Yuzwa, No. 3D16-1015 (Fla. 3d DCA 2018).
Act, Florida Statute section 71.001, must be
Florida courts do not have long-arm made without considering the economic
jurisdiction over a lawsuit brought by viability of the anticipated use.
a Canadian citizen against an Italian
shipbuilder for injuries sustained in McMichael v. Deutsche Bank National
PBCBA BAR BULLETIN
19
Trustee Company, Case No. 4D16-3879 (Fla.
4th DCA 2018).
A party who fails to read a contract before
signing it cannot claim “unclean hands”
regarding the provisions contained in the
contract.
Baker v. Economic Research Services, Inc.,
Case No. 1D16-4139 (Fla. 1st DCA 2018).
A forum selection clause survives
termination of the contract which contains
the clause.
Mullen v. Bal Harbour Village, Case No.
3d17-1144 (Fla. 3d DCA 2018).
A development order may not, according
to the dictates of Florida Statute section
163.167(8)(a), be subject to the will of the
voters through referenda and must instead
be reviewed under a quasi-judicial