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.
Central Carillon Beach Condominium Association, Inc. v. Garcia, Case Nos. 3D17-1198 & 3D17-1197 (Fla. 3d DCA 2018).
While associations may object to their ad valorem assessments as a class, each individual taxpayer within the association must be the individual defendant in a suit brought by the property appraiser that objects to a decision of the Valuation Adjustment Board.
Whynes v. American Security Insurance Company and Wells Fargo Bank, N.A., Case Nos. 4D16-2862 and 4D16-3668 (Fla. 4th DCA 2018).
There is no violation under Florida Statute section 626.9551(1)(d) (solicitationsregarding forced-placed insurance must be directed to aborrower) when information (not a solication) is transferred to a third party.
Waverly 1 and 2, LLC v. Waverly At Las Olas Condominium Association, Inc., Case No. 4D16-2866 (Fla. 4th DCA 2017).
On rehearing, the Fourth District re-affirms that language in a condominium declaration that “[a]nything to the contrary notwithstanding, the foregoing restrictions of this section 9 shall not apply to Developer owned Units or Commercial Units” means that the landscaping requirements of section 9.1 of the condominium declaration does not apply to commercial unit owners.
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.