U. S. Bank N. A.v. Village at Lakeridge, LLC, Case No. 15–1509 (2018).
A bankruptcy court’s determination of a mixed question of law and fact (such as who is a non-statutory “insider” under the Bankruptcy Code) is reviewed under a “clear” error” and not a de novostandard of review.
Hemingway Villa Condominium Owners Association, Inc. v. Wells Fargo Bank, N.A., Case No. 3D17-926 (Fla. 3d DCA 2018).
The Third District adopts Beltway Capital, LLC v. Greens COA, Inc., 153 So. 3d330 (Fla. 5th DCA 2014), and holds that a “first mortgagee” for the purposes of the Safe Harbor provision regarding association fees “is simply one who holds the firstmortgage, whether that be the original lender or a subsequent holder.”
Meyrowitz v. Andrew M. Schwartz, P.A., Case No. 4D17-1983 (Fla. 4th DCA 2018).
The “tried on the following docket” exception of the requirement Florida Rule of Civil Procedure 1.442’s requirement that a Proposal for Settlement is timely only if made 45 days before the beginning of the trial docket or the date of trial, whichever is earlier, is if all parties know the case is to be tried on a following docket.
Deutsche Bank Trust Company Americas v. Merced, Case No. 5D16-3486 (Fla. 5th DCA 2018).
Proof of contractual authority to testify is not required for a witness to lay the predicate to testify underthe Business Records Exception to the Hearsay Rule because a witness may testify to matters within his or herpersonal knowledge.
Tobinick v. Novella, Case No. 16-16210 (11th Cir. 2018).
The “exceptional case” standard for awarding attorney’s fees in Patent Act cases as set forth in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. ___, (2014), also applies toLanham Act cases.
Fincantieri-CantieriNavaliItaliani S.p.A. v. Yuzwa,No. 3D16-1015 (Fla. 3d DCA 2018).
Florida courts do not have long-arm jurisdiction over a lawsuit brought by a Canadian citizen against an Italian shipbuilder for injuries sustained in international waters in the Pacific Oceanon a cruise ship built in Italy which was owned by a Washington corporation when the injuries occurred.
Nationstar Mortgage, LLC v. Yesenia Silva, Case No. 3D16-1936 (Fla. 3d DCA 2018).
A foreclosing lender is not required to send a new notice of default if the default date in the foreclosure complaint is changed, and substantial compliance with a condition precedent issufficient unless the party to whom the notice is directed can demonstrate prejudice, e.g., attempts to pay in a mortgage foreclosure context.
Citigroup Mortgage Loan Trust Inc. v. Scialabba, Case No. 4D17-401 (Fla. 4th DCA 2018).
Substantial compliance with a condition precedent is sufficient unless the party to whom the notice is directed can demonstrate prejudice, e.g., attempts to pay in a mortgage foreclosure context.
CSC Serviceworks, Inc. v. Boca Bayou Condominium Association, Inc., Case No. 4D17-0974 (Fla. 4th DCA 2018).
An association disconnecting, but not removing, a prior servicer’s laundry equipment from a condominium association laundry room does not constitute an unlawful detainer by the association.
Palisades Owners’ Association, Inc. v. Browning, Case No. 1D17-2129 (Fla. 1st DCA 2018).
A dispute between a property owner and an association alleging breaches of fiduciary duty by the association is more complex than garden-variety community association disagreements and falls outside the arbitration requirements of Florida Statute section 718.1255(1).
Ocean Concrete, Inc. v. Indian River County, Board Of County Commissioners, Case No. 4D16-3210 (Fla. 4th DCA 2018).
A determination whether inordinate government regulation violates the anticipated use provision of the Bert Harris Act, Florida Statute section 71.001, must be made without considering the economic viability of the anticipated use.
McMichael v. Deutsche Bank National Trustee Company, Case No. 4D16-3879 (Fla. 4th DCA 2018).
A party who fails to read a contract before signing it cannot claim “unclean hands” regarding the provisions contained in the contract.
Baker v. Economic Research Services, Inc., Case No. 1D16-4139 (Fla. 1st DCA 2018).
A forum selection clause survives termination of the contract which contains the clause.
Mullen v. Bal Harbour Village, Case No. 3d17-1144 (Fla. 3d DCA 2018).
A development order may not, according to the dictates of Florida Statute section 163.167(8)(a), be subject to the will of the voters through referenda and must instead be reviewed under a quasi-judicial process.
Stein v. BBX Capital Corp., Case No. 4D16-4309 (Fla. 4th DCA 2018).
Absent specific allegations of fraud or material misrepresentations in the appraisal or sale process, an aggrieved shareholder is limited to her appraisal rights under Florida Statute section 607.1302 when a company sells its shares.
Rouffev.Citimortgage, Inc., Case No. 4D16-3583 (Fla. 4th DCA 2018).
A third party to the note and mortgage may contest the amounts due but may not contest liability under the note and mortgage.
Liukkonen v. Bayview Loan Servicing, LLC, Case No. 4D16-4193 (Fla. 4th DCA 2018).
A modification agreement is not a negotiable instrument like a promissory note, and thus the original need not be introduced into evidence to satisfy the Best Evidence Rule; Rattigan v. Central Mortgage Co., 199 So. 3d 966 (Fla. 4th DCA 2016), is distinguished.
Trigeorgis v. Trigeorgis, Case No. 4D17-0262 (Fla. 4th DCA 2018).
The filing of a “Notice of Interest” (not a lispendens associated with an action) is not a disparagement of title if the statement contained in the Notice is true or if plaintiff cannot prove that the alleged falsehood induced others to not deal with plaintiff.