Weyerhaeuser Co. v. United States Fish and Wildlife Service, Case No. No. 17–71 (2018).
The designation by the U.S. Fish and Wildlife Service of an area as a “critical habitat” for an endangered species requires that the property be presently “habitable” for the species.
Ham v. Portfolio Recovery Associates, LLC, Case No. 1D17-3112 (Fla. 1st DCA 2018).
An action for account stated is not “an action to enforce a contract,” so a prevailing party is in such a suit not entitled to the reciprocity benefits of Florida Statute section 57.105(7).
D & E Real Estate, LLC v. Vitto, Case No. 3D18-376 (Fla. 3d DCA 2018).
Failure to deliver marketable title under paragraph 15(b) of the FAR-Bar form contract can constitute a breach of the contract entitling a buyer to seek specific performance:
SELLER DEFAULT: If for any reason other than failure of Seller to make Seller’s title marketable after reasonable diligent effort, Seller fails, neglects or refuses to perform Seller’s obligations under this Contract, Buyer may elect to receive return of Buyer’s Deposit without thereby waiving any action for damages resulting from Seller’s breach and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance.
Charterhouse Associates, Ltd., Inc. v. Valencia Reserve Homeowners Association, Inc., Case No. 4D17-2640 (Fla. 4th DCA 2018).
A personal trainer invited by a homeowner to train him at the clubhouse owned and maintained by the homeowner’s association is an invitee under Florida law and is not a violation of the association restrictive covenants when the covenant permit owner’s invitees onto the property; use of the “economic benefit” test to determine the legal status of the invitee on the property is rejected.
Greenshields v. Greenshields, Case Nos. 5D18-400 & 5D18-1218 (Fla. 5th DCA 2018).
A court order requiring that certain disputed proceeds from a real estate closing be held in escrow and not disbursed to seller amounts to a temporary injunction, notwithstanding the disbursement of the funds were restricted by an agreement.
Transcontinental Gas Pipe Line Company, LLC v. 6.04 Acres, More or Less, Over Parcel(s) of Land of Approximately 1.21 Acres, Case No. 16-17503 (11th Cir. 2018).
A trial court may issue a preliminary injunction to a pipeline company to allow access to a landowner’s property before the conclusion of condemnation proceedings so long as the pipeline company’s right to condemn the property has been finally determined.
Transcontinental Gas Pipe Line Company, LLC v. 6.04 Acres, More or Less, Over Parcel(s) of Land of Approximately 1.21 Acres, Case No. 16-17503 (11th Cir. 2018).
A trial court may issue a preliminary injunction to a pipeline company to allow access to a landowner’s property before the conclusion of condemnation proceedings so long as the pipeline company’s right to condemn the property has been finally determined.
City of Miami v. Airbnb, Inc., Case No. 3D17-1213 (Fla. 3d DCA 2018).
Florida Statute section 509.032(7)(b) (“A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals.”) invalidates zoning laws prohibiting transient rentals which were not in place as of June 1, 2001.
Sayles v. Nationstar Mortgage, LLC, Case No. 4D17-1324 (Fla. 4th DCA 2018).
The Fourth District adopts In re Failla, 838 F.3d 1170 (11th Cir. 2016), and distinguishes Fischer v. HSBC Bank USA, N.A., 2018 WL 3320860 at *2 (Fla. 2d DCA July 6, 2018).
Seaspray Resort, Ltd, v. UCF I Trust 1, Case No. 4D18-991 (Fla. 4th DCA 2018).
Hotel revenue can be “rents” for the purposes of an Assignment of Rents under Florida Statute section 697.07 and thus may sequestered in the Court Registry; Orlando Hyatt Associates, Ltd. v. FDIC, 629 So. 2d 975 (Fla. 5th DCA 1993), is distinguished.
City of Jacksonville Beach v. BCEL 4, LLC, Case No. 1D18-1280 (Fla. 1st DCA 2018).
Mandamus relief cannot be granted to compel a local government to approve or deny a concept plan for plat application unless the applicant proves the local government’s decision is purely ministerial.
Rodriguez V. Wilmington Savings Fund Society, FSB, Case No. 4D18-310 (Fla. 4th DCA 2018).
A voluntary dismissal by a lender plaintiff renders the holding of Nationstar Mortg. LLC v. Glass, 219 So. 3d 896, 899 (Fla. 4th DCA 2017), review granted, Glass v. Nationstar Mortg.,LLC, 2018 WL 2069328 (Fla. Feb. 13, 2018), inapplicable and subjects the dismissing plaintiff to a claim for attorney’s fees from the borrower.
Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, CaseNo. SC17-2058 (Fla. 2018).
The Florida Supreme Court rules that “Rule 4-3.4(b) of the Rules Regulating the Florida Bar permits a party to pay a fact witness for the witness’s assistance with case and discovery preparation that is directly related to the witness preparing for, attending, or testifying at proceedings.”
D.R. Horton, Inc. – Jacksonville v. Heron’s Landing Condominium Association of Jacksonville, Inc., Case No. 1d17-1941 (Fla. 1st DCA 2018).
The violation of building codes is sufficient “damages” to sustain a verdict for violation of Florida Statutes section 553.84.
Bailey v. James S. St. Louis, D.O., Case No. 2D17-895 (Fla. 2d DCA 2018).
A claim of disgorgement of wrongful gains is a remedy intended to deter wrongdoers and is not based on lost profits, i.e., a successful clamant need not prove lost profits to prevail.
Harris v. The Bank of New York Mellon, Case No. 2D17-2555 (Fla. 2d DCA 2018).
The Second District adopts Madl v. Wells Fargo Bank, N.A., 244 So. 3d 1134 (Fla. 5th DCA 2017) and holds that attorney’s fees may be awarded to a borrower even when a foreclosing lender fails to establish standing.
Bank of New York v. Obermeyer, Case No. 3D18-700 (Fla. 3d DCA 2018).
Travel costs are typically not awarded as part of an award of attorney’s fees but may be awarded as a sanction.
Grant v. Citizens Bank, N.A., Case No. 5D17-726 (Fla. 5th DCA 2018) (en banc).
The Fifth District recedes from Velden v. Nationstar Mortgage, LLC, 234 So. 3d 850 (Fla. 5th DCA 2018), and holds that plaintiffs are not limited to recovering more than five years of damages from date of breach in installment obligation cases.