REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
In Re : Amendments To Florida Rules of Civil Procedure – 2023 Legislation , Case No . SC2023-1677 ( Fla . 2024 ). The Florida Supreme Court adopts a form complaint to quiet title in response to the enactment of Florida Statute section 65.091 ( right to summary procedure in actions to quiet title based on an attempted fraudulent conveyance ).
F . V . de Araujo S . A . Madeiras , Agricultora , Industria e Comercio v . Dantzler Lumber & Export Co ., Case No . 3D22-1618 ( Fla . 3d DCA 2024 ). An out of country judgment sought to be recognized pursuant to Florida ’ s Uniform Out-of-Country Foreign Money-Judgment Recognition Act , Florida Statute sections 55.601-07 , must be a final judgment and must contain a money component .
Valdes v . City of Marathon , Case No . 3D23- 1484 ( Fla . 3d DCA 2024 ). Appellate court analysis under secondtier certiorari is limited to reviewing the circuit court and not the lower tribunal proceedings ( there is no review whether the decision of the lower tribunal was supported by substantial competent evidence ) and whether there was departure from the essential requirements of law ( a violation of law which results in a miscarriage of justice that is more than simple legal error ).
Distressed Investments , LLC v . US Bank
Trust , N . A . Case No . 4D2023-190 ( Fla . 4th DCA 2024 ). A lender is entitled to disbursement of surplus sale proceeds as reimbursement for additional post-judgment advances so long as the final judgment retained jurisdiction to enter such post-judgment orders and the request was made prior to the clerk filing the Certificate of Disbursements .
Level 8 Management , Inc . v . Wildflower Legacy and Wealth Planning , LLC , Case No . 2D2023-2070 ( Fla . 2d DCA 2024 ). Factors to consider in deciding whether specific long-arm jurisdiction applies under Florida Statute section 48.191 ( 1 ) include the presence and operation of an office in Florida , the possession and maintenance of a license to do business in Florida , the number of Florida clients , and the percentage of overall revenue gleaned from Florida clients .
Marshall v . MacWilliam , Case No . 4D2022- 1571 ( Fla . 4th DCA 2024 ). The Rule Against Perpetuities is inapplicable to stockholder redemption agreements under both New York and federal law .
Buyer ’ s Choice Auto Sales , LLC v . Palm Beach Motors , LLC , Case No . 4D2023-0147 ( Fla . 4th DCA 2024 ). Notwithstanding that a lease has been cancelled due to fraud and misrepresentation , a tenant that remains in possession is obligated to pay rent unless the premises are wholly untenantable .
Williams IP Holdings , LLC v . Schwarz , Case Nos . 3D23-2180 & 3D23-2260 ( Fla . 3d DCA 2024 ). A contract proposal is subsumed into the final contract and the terms of the contract control over conflicting provisions in a proposal .
Celcor Trust LLC v . Shoma Homes at Keys Cove Condominium Association , Inc ., Case No . 3D21-2366 ( Fla . 3d DCA 2024 ) A mandatory injunction cannot be used to compel an association to resolve issues when the movant fails to prove the proposed fix will prevent damages .
Stav Software , LLC v . Lederman Investments ,
LLC , Case No . 3D23-0361 ( Fla . 3d DCA 2024 ) Summary judgment is not suitable in a specific performance case when there is conflicting evidence about whether the closing date was extended .
Beachway Restaurants 2 v . Santo & June ,
Inc ., Case No . 4D2023-041 ( Fla . 4th DCA 2024 ) Privity of contract is required for the twoyear statute of limitations for professional malpractice to apply .
Keegan v . Neff , Case No . 4D2023-262 ( Fla . 4th DCA 2024 ) A partition order directing the sale of property is final , even if the court retains jurisdiction to adjust accounts between the parties .
PBCBA BAR BULLETIN 21
Apex Roofing and Restoration , LLC v . Security First Insurance Company , Case No . 5D2023-2629 ( Fla . 5th DCA 2024 ) When faced with a motion for a protective order based on trade secrets , the court must require the requesting party to demonstrate a reasonable necessity for the trade secrets , then examine the alleged trade secrets in camera and issue a written order on the motion .
O ’ Donnell v . Lee , Case No . 1D2022-0193 ( Fla . 1st DCA 2024 ). According to a party ’ s discovery responses , selection of an escrow agent is a material part of an as-is real estate sale contract and the failure to select same in a form contract is a material breach of the contract .
Close Construction , LLC v . City of Riviera Beach Utility District , Case No . 4D2023-0051 ( Fla . 4th DCA 2024 ). Florida Statute section 46.015 ( Release of Parties ) permits setoff of settlement damages when the settling and non-settling parties are jointly and severally liable and the settled damages are the same damages for which the setoff is sought .
Beaches MRI v . Safeco Insurance Company of Illinois , Case No . 4D2023-0800 ( Fla . 4th DCA 2024 ). A summary judgment granted over Florida Rule of Civil Procedure 1.510 ’ s forty-day filing requirement is reversed without prejudice to refile in compliance with the Rule .
McLlenan v . Cypress Chase North Condominium No . 4 Association , Inc ., Case No . 4D2023-1269 ( Fla . 4th DCA 2024 ). A condominium association has a duty to repair common elements that damage a unit owner ’ s property , including a water leak from an upstairs apartment that damages a downstairs unit .
Pecchia v . Wayside Estates Home Owners Association , Inc ., Case No . 5D2023-0963 ( Fla . 5th DCA 2024 ). Florida Statute section 720.303 requires strict – not substantial – compliance with requests for records inspections by members .