Crescent Shore Condominium Association, Inc. v. Lani Kai, L.P., Case No. 2D21-234 (Fla. 2d DCA 2021).
A claim for violation of an easement is not barred by res judicata when the new claim of violation is different than the previous violation.12550 Biscayne Condominium Association, Inc. v. NRD Investments, LLC, Case Nos. 3D19-1893, 3D20-752, and 3D20-292 (Fla 3d DCA 2021).
Residential owners of a mixed use condominium cannot avoid application of a Reciprocal Easement Agreement between the residential and commercial owners based on oppression and unconscionability or Florida Statute section 718.302.2275 NE 120 Street, LLC v. Sanchez Struve Business Advisors, LLC,Case No. 3D20-1277 (Fla. 3d DCA 2021).
A mortgagor that fails to exercise its right of redemption within the time period set forth by Florida Statute section 45.0315 cannot later claim that the amount of redemption was incorrect due to not including previous paid amounts.Roche v. Cyrulnik, Case No. 3D21-1741 (Fla. 3d DCA 2021).
Extraordinary circumstances are required in order to avoid that general rule of comity that a later filed state court action should defer to a previously filed federal action.
