Inlet Beach CapitalInvestments, LLC v. The Enclave at Inlet BeachOwners Association, Inc., Case Nos. 1D16-2282/1D16-2283/1D16-3833 (Fla. 1st DCA 2018).
ApplyingDebrincat v. Fischer, 217 So. 3d 68 (Fla.2017), the First District holds that a party can allege malicious prosecution claims for maintaining a foreclosure suit even though the foreclosure plaintiffs knew there was no valid cause of action.
Ashear v. Sklarey,Case No. 3D16-888 (Fla. 3d DCA 2018).
A party that is successful in reversing a tax deed sale is required to reimburse the purchaser for all sums the purchaser paid to acquire the tax deed and twelve percent interest on that amount.
DePrince v. Starboard Cruise Services, Inc.,Case No. 3D16-1149 (Fla. 3d DCA 2018).
The Third District recognizes differences among the districts regarding the elements of unilateral mistake but re-affirms its prior holdings that unilateral mistake is determined by a four-part test as follows: “(1) [T]he mistake was induced by the party seeking tobenefit from the mistake, (2) there is no negligence or wantof due care on the part of the party seeking a return to thestatus quo, (3) denial of release from the agreement wouldbe inequitable, and (4) the position of the opposing partyhas not so changed that granting the relief would be unjust.”
The Sampson Farm Limited Partnership v. Parmenter,Case No. 3D16-1820 (Fla. 3d DCA 2018).
So long as the defendant timely asserts a trial court challenge to jurisdiction that is denied by the trial court, the defendant may defend on the merits in the trial court without waiving its jurisdictional challenge on appeal.
14269 BT LLC v. Village of Wellington, Case No. 4D17-2376 (Fla. 4th DCA 2018).
Florida Statute section 604.50(1) exempts non-residential farm buildings from “any county or municipal code or fee . . . ,” including municipal zoning codes.