Lightfoot v. Cendant Mortgage Corp.— U.S. —, Case No. 14–1055 (2017).
The Federal National Mortgage Association’s (“FNMA”) “sued and be sued clause,” 12 U. S. C. §1723a(a), does not confer federal court jurisdiction in all cases involving FNMA.
Kroma Makeup Eu, LLC v. Boldface Licensing + Branding, Inc., Case No. No. 15-15060 (11th Cir. 2017).
Applying Koechli v. BIP International, Inc., 870 So. 2d 940 (Fla. 1st DCA 2004), the Eleventh Circuit rules that equitable estoppel may be used to compel non-signatories to engage in arbitration only when the dispute with the signatory falls within the scope of thearbitration clause in the main dispute.
Nipper v. Walton County, Case No. 1D16-512 (Fla. 1st DCA 2017).
Government seeking to enjoin someone violations of its zoning code must demonstrate(1) a clear legal right to the relief, (2) inadequacy of a legal remedy, and (3)irreparable injury if the relief is not granted. Moreover, alternative remedies are ignored and irreparable harm is presumed when government seeks an injunction to enforce its police power.
Lucey v. 1010 Logic, Inc., Case No. 2D15-5325 (Fla. 2nd DCA 2017).
The burden of proving an affirmative defense in the face of a summary judgment does not shift to the non-moving party until the moving party establishes prima facie entitlement to summary judgment.
Indian Creek Country Club, Inc. v. Indian Creek Village, Case No. 3D14-439 (Fla. 3d DCA 2017).
A municipal special assessment can only be imposed if the property assessed derives a special benefit from the service providedand when the assessment is fairly and reasonably apportioned according to the benefitsreceived. Whether to impose a special assessment is a legislative function which can be overturned only if there is no substantial, competent evidence to support the decision.
Schumacher v. Reback Realty, Inc. Case No. 4D16-0755 (Fla. 4th DCA 2017).
For purposes of determining a real estate sales commission, whether or not more than one sales agent “participates” in a transaction is a question of fact precluding summary judgment.
Sand Lake Hills Homeowners Association, Inc. v. Busch, Case No. 5D16-21 (Fla. 5th DCA 2017).
The “false or fictitious filing” provision of the Marketable Record Title Act, Florida Statute section 712.08, merely requires that a filing be false or fictitious (intent is irrelevant) before awarding attorney’s fees for the false filing.