PBCBA BAR BULLETINS pbcba_bulletin_Oct. 2019 | Page 25

REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Yarbrough v. Decatur Housing Authority ,
Case No. 17-11500 (11th Cir. 2019) (en banc).
The Housing Act of 1937, 42 U.S.C. § 1437 et
seq., does not create a privately enforceable
right to a preponderance standard for
housing termination lawsuits alleging a
violation of 42 U.S.C. § 1983.
A trial court’s ruling on motions anticipated
to be but not yet filed creates an objectively
reasonable belief that the affected party
will not receive a fair trial and is grounds
for disqualification of the trial judge. Batterbee v. Roderick , Case No. 2D18-2037
(Fla. 2d DCA 2019).
A permissive use of real property may
change into a non-permissive use sufficient
to support a claim for adverse possession.
Roth v. Nationstar Mortgage , LLC (In re
Roth), Case No: 17-11444 (11th Cir. 2019).
Miller v. Homeland Property Owners An “informational statement” sent to a
Association, Inc. , Case No. 4D18-1647 (Fla. borrower who has been discharged in a
Chapter 13 bankruptcy does not violate the
4th DCA 2019).
The Business Judgment Rule applies discharge injunction, 11 U.S.C. § 524.
to
decisions
of
property
owners’
associations so long as the association Salcedo v. Hanna , Case No. 17-14077 (11th
had the contractual or statutory authority Cir. 2019).
to perform the relevant acts, and if so, Sending a single text message does not
violate the Telephone Consumer Protection
whether the board acted reasonably.
Act of 1991, 47 U.S.C. § 227(b)(1)(A)(iii).
Wells Fargo Bank, N.A. v. Stephenson , Case
Regions Bank v. Legal Outsource PA , Case
No. 5D18-733 (Fla. 5th DCA 2019).
The Fifth District agrees with Bank of N.Y. No. 17-11736 (11th Cir. 2019).
Mellon Tr. Co., Nat’l Ass’n v. Ginsberg, 221 So. A guarantor is not an “applicant” under the
3d 1196, 1197 (Fla. 4th DCA 2017), and holds under the Equal Credit Opportunity Act, 15
that a foreclosing lender is not required U.S.C. §§ 1691(a), 1691a(b), and accordingly
to identify the trust on whose behalf it is may not seek relief under the Act.
acting in order to properly allege standing.
In Re: Standard Jury Instructions In Civil
Harrell v. The Ryland Group , Case No. 1D18- Cases and Standard Jury Instructions In
Contract And Business Cases—Joint Report
3728 (Fla. 1st DCA 2019).
An attic stepladder constitutes an No. 19-01 , Case No. SC19-185 (Fla. 2019).
“improvement to real property” and thus is The standard verdict form for breach of
covered by the ten-year statute of repose fiduciary duty is approved by the Florida
for construction improvements under Supreme Court.
Florida Statute section 95.11(3)(c).
Atkins North America, Inc. Tallahassee
Pirate's Treasure, Inc. v. City fo Dunedin, MH Parks, LLC , Case No. 1D17-2996 (Fla. 1st
Florida , Case No. 2D18-2774 (Fla. 2d DCA DCA 2016).
Reformation of a mortgage will not be
2019).
A landowner locked in a development permitted where doing so materially
dispute with a municipality may transfer affects a creditor who recorded a judgment
the affected land to a third party and not lien after the recordation of the inaccurate
lose standing to prosecute the dispute so mortgage.
long as it retains a sufficient interest in the
Suzuki Motor Corporation v. Winckler , Case
property.
No. 1D18-4815 (Fla. 1st DCA 2019).
Project Development Enterprise , LLC v. The Apex Doctrine (“[an] agency head
Elka Holdings, LLC, Case No. 3D18-356 (Fla. should not be subject to deposition, over
objection, unless and until the opposing
3d DCA 2019).
The proceeds of a derivative action brought parties have exhausted other discovery
under Florida Statutes section 605.0802 and can demonstrate that the agency
against a limited liability company are head is uniquely able to provide relevant
required by Florida Statutes section information which cannot be obtained
605.0805(1) to be paid to the limited liability from other sources.”) does not apply
outside of government and thus does not
company and not the plaintiff.
apply to shield the C.E.O. of multinational
Real State Golden Investments Inc. v. Larraín , company from discovery.
Case No. 3D19-1369 (Fla. 3d DCA 2019). Hopson v. Deutsche Bank National Trust
Company , Case No. 2D18-673 (Fla. 2d DCA
2019).
A defending mortgagor that wins dismissal
but does not admit privity with the plaintiff
is not entitled to an award of attorney’s
fees under Florida Statute section 57.105(7);
Harris v. Bank of New York Mellon, 44 Fla.
L. Weekly D141 (Fla. 2d DCA Dec. 28, 2018), is
distinguished on its facts.
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Beach Towing Services, Inc. v. Sunset Land
Associates, LLC , Case Nos. 3D18-1837 &
3D18-2168 (Fla. 3d DCA 2019).
Restrictive covenants are interpreted in a
fashion which least restricts the use of the
property, and accordingly, the following
provision prohibits a garage company but
not a garage:
• This property is being conveyed by the
Grantor to the Grantee subject to the
Grantee agreeing that the property will
not be used as a parking lot, storage
yard facility or for a garage or tow
truck company. This covenant shall
run with the land.
Valencia Reserve Homeowners Association,
Inc. Boynton Beach Associates, XIX, LLLP ,
Case No. 4D18-1320 (Fla. 4th DCA 2019).
It is not a violation of the Florida
Homeowner’s
Association
Act
for
a developer to use working capital
funds contributed by purchasers into
a homeowner’s association account to
fund the developer’s negative equity
contributions under Florida Statute section
720.308(1)(b).
Grace and Naeem Uddin, Inc. v. Singer
Architects, Inc. , Case No. 4D18-2972 (Fla.
4th DCA 2019).
A supervising architect owes a duty to a
contractor and may be held liable in tort for
professional negligence notwithstanding
the architect and contractor both have
contracts with the developer, i.e., the
existence of the contracts does not bar
the tort duty owed by the architect to the
builder.