Turbeville v. Financial Industry Regulatory Authority, Case No. 16-11083 (11th Cir. 2017).
No private right of action exists under the Exchange Act of 1934 for F.I.N.R.A. members and associated persons to sue own F.I.N.R.A. for violating its own internal rules.
Wells Fargo Delaware Trust Company, N.A. v. Petrov, Case No. 2D16-1536 (Fla. 2d DCA 2017).
Upon rehearing, the Second District re-affirms that servicing agents may verify foreclosure complaints and testify at trials on behalf of a foreclosing plaintiff, and a servicer doing so does not constitute prosecuting a case on behalf of the plaintiff lender. The revised opinion deletes a referenceto a “tax deed” in the third paragraph of the original opinion and replaces it with “certificate oftitle.”
Ricketts v. Village of Miami Shores, Case No. 3D16-2212 (Fla. 3d DCA 2017).
An “as-applied” constitutional challenge to a zoning ordinance must demonstrate that there are no set of circumstances under which the ordinance would be constitutional.
Lucky Star Horses, Inc. v. Diamond State Insurance Company,Case No. 3D17-725 (Fla. 3d DCA 2017).
Arbitration is not waived, despite the passage of time and the filing of numerous pleadings, until the party to the arbitration clause is brought into the case.
Corrections Corporation of America v. City of Pembroke Pines, Case No. 4D14-4815 (Fla. 4th DCA 2017).
On rehearing, the Fourth District re-affirms that a municipality has no obligation to provide utility services outside its boundaries unless it has contracted to do so or has otherwise assumed the duty to so by holding itself out as the public utility for the affected area.
BK Marine Construction, Inc. v. Skyline Steel, LLC, And Great American Insurance Company, Case No. 4D16-1241 (Fla. 4th DCA 2017).
A party seeking judgment for invoiced construction materials delivered to and incorporated into a jobsite must correspond the invoices to the allegations of the complaint, and if there are multiple portions of a jobsite, must demonstrate as to which portion of the jobsite the materials were incorporated into.
Villas of Windmill Point II Property Owners’ Association, Inc. v. Nationstar Mortgage, LLC, Case No. 4D16-2128 (Fla. 4th DCA 2017).
An assignee lender who is jointly and severally liable for association assessments with the foreclosing lender under Florida Statute section 720.3085(2)(b) is entitled to the benefits of the “safe harbor” provisions of Florida Statute section Florida Statute section 720.3085(2)(c).
The Waterview Towers Condominium Association, Inc. v. City of West Palm Beach, Case No. 4D16-2858 (Fla. 4th DCA 2017).
A party, including a lessee, who joins in or consents to a declaration of condominium subjects their property to the declaration and all of its provisions. Additionally, restrictive covenants may be enforced by grantees among or betweenthemselves where the grantees obtained their property from a commongrantor and the restrictive covenants were part of “a general plan of development or improvement” ora “general building scheme.”