Hernandez v. Acosta Tractors Inc.,Case Nos. 17-13057; 17-13673 (1nly 1th Cir. 2018).
While not appropriate in this case because the only failure was to pay arbitration fees (without a showing the party had the ability to pay), a district court retains the power to sanction parties for failure to participate in an arbitration in good faith or for using the arbitration process as a method of forum shopping.
Pettway v. City of Jacksonville, Case No. 1D17-2279 (Fla. 1st DCA 2018).
The mailing of the final order of a local administrative agency may, under the rules of the local agency and the municipality, constitute the “filing with the clerk of the lower tribunal” as required for rendition under Florida Rule of Appellate Procedure 9.020(i).
Pijuan v. Bank of America, N.A.,Case No. 3D16-1553 (Fla. 3d DCA 2018).
A lender must plead and prove a default under a loan modification agreement in order to foreclose if the court finds that the loan modification agreement was entered into by the parties.
Dimitri v. Commercial Center of Miami Master Association, Inc.,Case No. 3D16-2549 (Fla. 3d DCA 2018).
A master association of adevelopment made up of smaller sub-associations is not a condominium “association”subject to the requirements of the 1981 version of Florida Statutes chapter 718it is not “the corporate entityresponsible for the operation of a condominium” under § 718.103(2).
Jahangiri v. 1830 North Bayshore, LLC, Case No. 3D17-529 (Fla. 3d DCA 2018).
The following provision is too indefinite as to how future rent will be determined, and is thus unenforceable:
RENEWAL OPTIONS: Upon six months (sic) notice and provided[lessee] is not in default of any provision of this Lease, LESSORagrees that [lessee] may renew this Lease for two five-year renewaloptions, each renewal at the then prevailing market rate forcomparable commercial office properties.
Bankers Lending Company, LLC v. Jacobson, Case No. 5D17-542 (Fla. 5th DCA 2018).
Generally, a junior lienorcannot compel a redemption pro tanto and must pay thewhole amount of the mortgage debt in order to redeem.
Bank of America, N.A.v. Eastridge, Case No. 5D17-2541 (Fla. 5th DCA 2018).
The 2013 amendments to Florida Statute section 95.18(1) (adverse possession without color of title) merely added a “tacking provision” and did not remove the requirement that claimant (including any “tacked on” predecessors) have adversely occupied the property for seven yearsin order to prevail on a claim of adverse possession.
Simon v. Waters, Case No. 5D17-3355 (Fla. 5th DCA 2018).
A court cannot circumvent the American Rule regarding the award of attorney’s fees by granting an equitable lien for attorney’s fees, especially when the party granted the equitable lien was not the prevailing party.