REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
GE Energy Power Conversion France SAS,
Corp. v. Outokumpu Stainless USA, LLC,
Case No. 18–1048 (2020).
Equitable estoppel principles (such as nonsignatories
being able to compel arbitration
of disputes) can be applied in arbitrations
conducted under The Convention on the
Recognition and Enforcement of Foreign
Arbitral Awards (New York Convention).
Isaiah v. JPMorgan Chase Bank, N.A., Case
No. 17-15585 (11th Cir. 2020).
Banks are not responsible under the Florida
Uniform Fraudulent Transfer Act (“FUFTA”)
for routine banking transactions that
occurred during a Ponzi scheme.
Microf LLC v. Cumbess (In re: Cumbess),
Case No. 19-12088 (11th Cir. 2020).
A trustee’s – but not a debtor’s - election to
assume a lease elevates an unsecured claim
arising out of the lease to an administrative
claim.
Diageo Dominicana, S.R.L. v. United Brands,
S.A., Case Nos. 3D18-1989 & 3D18-620 (Fla. 3d
DCA 2020).
A contracting party does not violate the
Implied Duty of Good Faith and Fair Dealing
by terminating a distribution agreement in
order to enter into a distribution agreement
with the terminated party’s competitor
when the agreement permitted either party
to terminate the agreement and additionally
contained a waiver of all implied conditions,
representations, and warranties implied
by statute or common law that were not
expressly included in the agreement.
Hyde v. Irish, Case No. 15-13010 (11th Cir.
2020).
A federal court has jurisdiction to issue
sanctions in a case even when it does not
have jurisdiction to decide the merits.
Furst v. Rebholz, Case No. 2D18-3323 (Fla. 2d
DCA 2020).
Homeowners are entitled to the homestead
tax reduction on their personal residence
even if they rent rooms to tenants.
Edwin Taylor Corporation Mortgage Electronic
Registration Systems, Inc., Case No. 2D19-1531
(Fla. 2d DCA 2020).
A notice of commencement signed by a
contractor (not the owner) is not a legal
nullity that invalidates the construction
lien based on the notice of commencement.
Garcia JPMorgan Chase Bank, National
Association, Case No. 3D19-430 (Fla. 3d DCA
2020).
The Florida Constitution’s protection
of homesteads from forced levy does
not preclude foreclosure of an equitable
vendor’s lien as purchase money mortgages
are superior to homestead claims.
Tamiami Electrical, Inc. Infinity Assurance
Insurance Company, Case No. 3D20-533
(Fla. 3d DCA 2020).
A circuit court, sitting in its appellate
capacity on first tier certiorari review, has
no ability to certify a question of great
public importance to the district court of
appeal.
Lugassy v. Lugassy, Case Nos. 4D20-216 and
4D20-546 (Fla. 4th DCA 2020).
A trial court sitting in a corporate deadlock
and dissolution action cannot force a
dissenting shareholder to sign a loan and
personal guarantee for the benefit of the
corporation.
Liu v. Securities And Exchange Commission,
Case No. 18–1501 (2020).
Equitable relief, including disgorgement,
is permissible under the Securities Act of
1933, 15 U. S. C. §77a et seq., so long as it does
not exceed a wrongdoer’s net profit.
Bowling v. U.S. Bank National Association,
Case No. 17-11953 (11th Cir. 2020).
Counterclaim defendants may not remove a
civil action to federal court under 28 U.S.C.
§ 1441(a) or § 1441(c).
EGI-VSR, LLC v. Coderch, Case No. 18-12615
(11th Cir. 2020).
Service of a suit to confirm an arbitration
award under the Inter-American Convention
on Letters Rogatory (“Convention on Letters
Rogatory”), Jan. 30, 1975, O.A.S.T.S. No.
43, 1438 U.N.T.S. 288, is accomplished by
service under the laws of the host country
of the defendant, and accordingly, service
on a doorman that is proper under Brazilian
law is sufficient to support service in federal
court.
Russell v. Wells Fargo Bank, N.A., Case No.
1D18-5128 (Fla. 1st DCA 2020).
Raising failure of conditions precedent as
PBCBA BAR BULLETIN 17
an affirmative defense shifts the burden
of proof to the defendant even if plaintiff
alleged satisfaction of conditions precedent
in its complaint.
Korkmas v. Onyx Creative Group, Case No.
1D18-5328 (Fla. 1st DCA 2020).
The Florida Consumer Collection Practices
Act does not apply to debts arising out
commercial transactions.
Phillips v. Mitchell’s Lawn Maintenance
Corp., Case Nos. 3D19-375 & 3D18-2407 (Fla.
3d DCA 2020).
A trial judge must set forth in writing the
Kozel (v. Ostendorf, 629 So. 2d 817 (Fla. 1993)),
factors only when entering sanctions as the
result of misconduct by counsel, no such
requirement applies when the sanctions
arise out of misconduct by a party.
Aanonsen v. Suarez, Case Nos. 3D18-2466 &
3D19-0612 (Fla. 3d DCA 2020).
Damages arising out of breach of contract
are generally limited to the pecuniary loss
sustained, or those which are the natural
and proximate result of the breach, unless
there is proof of a separate and independent
tort.
Dumerlus v. Wilmington Trust National
Association, Case No. 3D19-1595 (Fla. 3d DCA
2020).
A trial court’s dispensing with closing
arguments in a civil foreclosure case is not
a per se due process violation.
Allied Tube and Conduit Corporation v. Latitude
on the River Condominium Association, Inc.,
Case Nos. 3D19-2054; 3D19-2053; 3D19-2051;
3D19-2048; 3D19-2046; 3D19-2044 (Fla. 3d
DCA 2020).
Florida Rule of Civil Procedure 1.221
permits a class action by a condominium
association for construction defects located
physically within units, rather than in the
common elements, if the defect is prevalent
throughout the building.
Dawson v. Hernandez, Case No. 4D18-1588
(Fla. 4th DCA 2020).
A trial court can amend a final foreclosure
judgment – even after the borrower
redeems the property - to include additional
attorney’s fees.