REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Siegel v . Fitzgerald , Case No . 21 – 441 ( 2022 ). Congressional enactment of different bankruptcy fee structures for different states violates the uniformity requirement of the Constitution .
ZF Automotive US , Inc . v . Luxshare , Ltd ., Case No . 21 – 401 ( 2022 ). Only a governmental or intergovernmental adjudicative body ( i . e ., not an arbitral body ) constitutes a “ foreign or international tribunal ” under 28 U . S . C . § 1782 such that a district court may order the production of evidence “ for use in a proceeding in a foreign or international tribunal .”
Brucker v . City of Doraville , Case No . 21- 10122 ( 11th Cir . 2022 ). It is not unconstitutional for a municipality to base its annual budget on the collection of code enforcement and traffic fines .
U . S . Bank National Association v . Martinez , Case No . 2D21-1351 ( Fla . 2d DCA 2022 ). While it is proper for a court to take a defendant ’ s motion to dismiss under advisement and rule later in the case , the better course is for the court to enter a final judgment at the end of trial instead of granting a motion for involuntary dismissal .
O ’ Boyle v . Town of Gulf Stream , Case No . 4D21-972 ( Fla . 4th DCA 2022 ). Florida Statute section 119.12 ( attorney ’ s fees for government refusing to produce or copy a public record ) does not provide for an award of “ fees for fees ” and does not permit an award of fees for associates of the testifying expert who did not testify .
Inlet Colony , LLC v . Martindale , Case No . 4D21-2330 ( Fla . 4th DCA 2022 ). The time under Florida Statute section 48.23 ( 1 )( b )( 2 ) for an expired , withdrawn , or discharged lis pendens to no longer be a lien on a property includes the time for any filed appeal to be resolved .
Doral Collision Center , Inc . v . Daimler Trust , Case No . 3D21-1385 ( Fla . 3d DCA 2022 ). The requirements of Florida Statute section
713.585 ( enforcement of mechanic ’ s lien by sale of motor vehicle ) are mandatory and failure to strictly comply with the statute voids a lien claimed under the statute .
100 Emerald Beach Way LC v . Thornton , Case Nos . 4D20-2792 and 4D21-508 ( Fla . 4th DCA 2022 ). The Fourth District follows its prior precedent and holds that Florida Rule of Appellate Procedure 9.130 ( a )( 3 ) authorizes review of pre-judgment contempt orders ; conflict certified with the opinions of the First , Second , Third , and Fifth Districts which hold review of such orders is by certiorari .
Lloyd S . Meisels , P . A . v . Dobrofsky , Case No . 4D21-2397 ( Fla . 4th DCA 2022 ). A trial court does not abuse its discretion by treating the facts in a moving party ’ s motion for summary judgment as undisputed when the non-moving party fails to comply with Florida Rule of Civil Procedure 1.510 .
Echo River Sanctuary , LLC v . 21st Mortgage
Corp ., Case No . 1D21-1940 ( Fla . 1st DCA 2022 ). A creditor ’ s security lien on a mobile home is extinguished by foreclosure of a real property mortgage of the land on which the home sits when the mobile home is a fixture , i . e ., is affixed to the land , and the creditor failed to title the home and perfect its lien .
Phillips v . Lyons Heritage Tampa , LLC , Case No . 2D21-816 ( Fla . 2d DCA 2022 ). Civil rights claims arising under 42 U . S . C . § 1983 are generally subject to arbitration under a broad arbitration provision ; those claims that cannot be arbitrated ( e . g ., attorney ’ s fees ) can be severed .
Karisma Hotels & Resorts Corporation Ltd . v . Hoffmann , Case No . 4D22-729 ( Fla . 4th DCA 2022 ). A party seeking a protective order under the Apex Doctrine of Florida Rule of Civil Procedure 1.280 ( h ) must file an affidavit that explains that the officer “ lacks unique ,
PBCBA BAR BULLETIN 21 personal knowledge of the issues being litigated .”
DecisionHR USA , Inc . v . Mills , Case No . 2D21-3468 ( Fla . 2d DCA 2022 ). An officer of a business entity who files an Apex Motion for Protective Order under Florida Rule of Civil Procedure 1.280 ( h ) and who establishes their position as a senior officer without personal knowledge of the issues in the case is entitled to certiorari relief .
International Village Association , Inc . v .
Weiss , Case No . 4D21-537 ( Fla . 4th DCA 2022 ). A party is entitled to a limited award of “ fees for fees ” for re-establishing entitlement when the issue of entitlement was previously determined but the opposing party continues to contest entitlement .
Tallo v . Illes , Case No . 3D21-1206 ( Fla . 3d DCA 2022 ). A proper predicate must be laid before a non-party is compelled to turn over personal financial information , even if the request to produce is post-judgment and the requested party is the spouse of the judgment debtor .
City of Miami v . Cruz , Case No . 3D21-2424 ( Fla . 3d DCA 2022 ). A municipality waives sovereign immunity for express contracts into which it entered , including settlement agreements .
Lexington Place Condominium Association , Inc . v . Flint , Case No . 5D21-2644 ( Fla . 5th DCA 2022 ). Eliminating an existing dog park and a wallyball court are material alterations to condominium common elements for which Florida Statute section 718.113 ( 2 ) ( a ) requires member approval , even if the Declaration of Condominium alteration without member approval .
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