REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Fisher v . PNC Bank , N . A ., Case No . 20-10110 ( 11th Cir . 2021 ). A federal court is not limited by the Probate Exception and may exercise jurisdiction over a case brought by or involving an estate so long as doing so does not involve probating a will , administering the estate , or disposing of the estate ’ s property .
Calderon v . Sixt Rent A Car , LLC , Case No . 20- 10989 ( 11th Cir . 2021 ). An arbitration clause which encompasses the arbitration of “ claims ” regarding “ any services or products provided ” requires arbitration only of the claims with the direct contracting party and not services affiliated with the contracting party .
Harris v . Jayo ( In re : Harris ), Case No . 19- 11286 ( 11th Cir . 2021 ). A state court default judgment must detail the factual background for the claims in the judgment in order to be given collateral estoppel effect in a § 523 ( a )( 2 )( A ) proceeding .
Gartner v . Reverse Mortgage Solutions , Inc ., Case No . 1D20-772 ( Fla . 1st DCA 2021 ). The First District follows Castellanos v . Reverse Mortgage Funding LLC , Case No . 3D20-472 , 2021 WL 1897069 ( Fla . 3d DCA May 12 , 2021 ), and holds that the reciprocity provisions of Florida Statute section 57.105 ( 7 ) apply even when the loan is non-recourse .
SG 2901 , LLC v . Complimenti , Inc ., Case No . 3D19-2131 ( Fla . 3d DCA 2021 ). The agent of an owner may recover fees for acting as the agent for construction work so long as a contractor licensed under Florida Statute section 489.105 ( 3 ) performs the work set forth in the statute .
Petkovich v . Sandy Point Condominium Apartments Association , Inc ., Case No . 3D20- 1775 ( Fla . 3d DCA 2021 ). Claims regarding the circumstances surrounding the execution – but not the contents - of documents in a title record are not claims founded on a duly recorded instrument under Florida Statute section 48.23 .
UN2JC Air 1 , LLC v . Whittington , Case No . 4D20-1449 ( Fla . 4th DCA 2021 ). There is no need to conduct Independent Tort Doctrine analysis when the plaintiff is not a party to the contract .
Suarez v . The Bank of New York Mellon Trust
Co ., Case No . 2D20-1850 ( Fla . 2d DCA 2021 ). Failure to plead a demand for attorney ’ s fees in a motion to dismiss negates the right to fees if the motion is granted , and continuing to seek fees under such circumstances will give the party whose complaint was dismissed the right to seek fees under Florida Statute section 57.105 ( 7 ).
Golden Cape of Florida , Inc . v . Perez de
Ospina , No . 3D21-0332 ( Fla . 3d DCA 2021 ). A county court does not have jurisdiction to adjudicate a claim for ejectment , even if the only action taken is to dismiss the case .
Bach v . Vlad Igor Investments , Inc ., Case No . 4D20-1857 ( Fla . 4th DCA 2021 ). The Fourth District re-affirms its holding in Corporate Creations Enterprises LLC v . Brian R . Fons Attorney at Law P . C ., 225 So . 3d 296 ( Fla . 4th DCA 2017 ), and holds that Florida Statute sections 685.101 and 685.102 provide independent bases for long-arm jurisdiction so long as Constitutional requirements are met .
Athene Annuity & Life Assurance Company v . Teavana Holdings , Case No . 5D20-1848 ( Fla . 5th DCA 2021 ). A party may not use Florida Rule of Civil Procedure 1.540 to re-litigate issues previously decided under Rule 1.530 .
Lee v . 1510 N . E . 109 St ., LLC , Case No . 3D21- 265 ( Fla . 3d DCA 2021 ). A tenant that seeks to interpose a COVID-19 related defense to eviction must still comply with Florida Statute section 83.60 ( 2 ) and deposit rent into the Registry of the Court .
Community / Condotte / De Moya JV v . Circuit Court Judge , Case No . 3D21-1178 ( Fla . 3d DCA 2021 ). A circuit court judge has no discretion under Florida Statute section 44.104 to deny a stipulated Motion to Appoint Trial Resolution Judge .
St . Louis Condominium Association , Inc . v Rockhill Insurance Company , Case No . 19- 12716 ( 11th Cir . 2021 ). The failure to provide not one date for the deposition of a party ’ s expert witness before discovery cutoff supports a magistrate judge ’ s decision to exclude the witness .
Gulf Coast Solar Center I , LLC v . Busbee , Case No . 1D20-1439 ( Fla . 1st DCA 2021 ). A business located on federal property is not exempt from Florida personal property taxation simply because of the Federal Enclave Exemption to taxation .
City of St . Petersburg v . Dorchester Holdings ,
LLC , Case No . 2D20-463 ( Fla . 2d DCA 2021 ).
PBCBA BAR BULLETIN 21
A government responding to a records request under the Public Records Act must determine whether the requested records exist , locate the records , and review each record to determine if it is exempt from production , including attorney-client and work product , and the clerk of the government agency may charge a special service charge to cover investigative costs in addition to the costs of duplication , which special service fee must be paid in advance .
Powers v . Whitcraft , Case No . 4D21-194 ( Fla . 4th DCA 2021 ). A sublessor is bound by the Florida Landlord- Tenant Act , Florida Statutes Chapter 83 .
The Board of County Commissioners , Santa Rosa County , Florida v . Home Builders Association of West Florida , Inc ., Case No . 1D20-2227 ( Fla . 1st DCA 2021 ). Impact fees imposed without utilizing the “ most recent and localized data ” violates the Florida Impact Fee Act , Florida Statute section 163.31801 ( 3 )( a ).
Mojito Splash , LLC v . City of Holmes Beach ,
Florida , Case No . 2D20-651 ( Fla . 2d DCA 2021 ). A landowner has no claim under the Bert J . Harris , Jr ., Private Property Rights Protection Act , Florida Statute sections 70.001- . 80 , if the landowner purchased the property with constructive knowledge of zoning ordinance and comprehensive plan provisions which disallowed the use for which the landowner seeks compensation under the Act .
Steven Enterprises Group Inc . v . Diversified Aero Inventory I , LLC , Case No . 3D20-487 ( Fla . 3d DCA 2021 ). An evidentiary hearing on a motion to enforce a settlement agreement due to default in payment is not necessary when it is clear the payments were not made .
Vista Financial Group , LLC v . The Bank of New York Mellon , Case No . 3D20-602 ( Fla . 3d DCA 2021 ). A purchaser at foreclosure sale is not “ affiliated with the lender ” merely because of the purchase at foreclosure sale and thus is entitled to protections of Florida Statute section 702.036 .
CRSJ , Inc . v . Miami-Dade County , Case No . 3D20-1693 ( Fla . 3d DCA 2021 ). Injunction to stop a home-rule county from considering a legislative proposal ( such as annexation ) is not proper .