United States of America v. Stein, Case No. 16-10914 (11th Cir. 2018).
The Eleventh Circuit overrules its prior precedent and holds that while an affidavit cannot be conclusory, “an affidavit which satisfies Rule 56 of the Federal Rules of Civil Procedure may create an issue of material fact and preclude summary judgment even if it is self-serving and uncorroborated.”
In Re: Standard Jury Instructions in Civil Cases — Report No. 17-03, Case No. SC17-1060 (Fla. 4th DCA 2018).
The Florida Supreme Court authorizes changes to Florida Standard Jury Instructions – Civil 202.3 (Note-Taking by Jurors), 401.21 (Burden of Proof on Main Claim), 401.23 (Burden of Proof on Defense Issues), 402.13 (Burden of Proof on Main Claim), 402.15 (Burden of Proof on Defense Issues), 409.12 (Burden of Proof on Defense Issues), 412.8 (Issues on Claim and Burden of Proof), 412.9 (Defense Issue), 501.4 (Comparative Negligence, Non-Party Fault and Multiple Defendants), 502.5 (Comparative Negligence, Non-Party Fault and Multiple Defendants), Section 700 — Closing Instructions, Model Instruction Nos. 1-6, and Model Verdict Forms 1 and 5(c).
Bank of America, N.A. v. Mirabella Owners’ Association, Inc., Case No. 1D16-1079 (Fla. 1st DCA 2018).
The First District adopts the holding of Jallali v. Knightsbridge Village Homeowners Ass’n, 211 So. 3d 216, 217 (Fla. 4th DCA 2017), and permits an association to foreclose liens independent of the first mortgage so long as the association’s covenants were recorded prior to the mortgage. Moreover, First District follows the general rule that a purchase pendent lite during a foreclosure where a lis pendens has been recorded is not entitled to intervene in the action.
Jackson v. Household Finance Corp III, Case No. 2D15-2038 (Fla. 2d DCA 2018).
A party may introduce documents into evidence using the Business Records Exception to the Hearsay Rule in three ways: (1) offering testimony of a records custodian, (2) presenting a certification or declaration that each of the elements has been satisfied, or (3) obtaining a stipulation of admissibility. A testifying records custodian need not be the person who created the business records; the witness may be any qualified person with knowledge of each of the elements so long as the witness uses the “magic words” of Florida Statute section 90.803(6); conflict with Maslak v. Wells Fargo Bank, N.A., 190 So. 3d 656 (Fla. 4th DCA 2016), is certified.
Inlet Marina Of Palm Beach, Ltd. v. Sea Diversified, Inc., Case No. 4D17-1406 (Fla. 4th DCA 2018).
The statute of limitations for actions against construction engineers begins to run from the time the defect is or should have been discovered.
Fielding v. PNC Bank National Association, Case No. 5D16-440 (Fla. 5th DCA 2018).
A lender seeking to establish standing through successive mergers of lenders from the original lender must connect the lenders in an unbroken chain.
PNC Bank, National Association v. MDTR, LLC, Case No. 5D16-2887 (Fla. 5th DCA 2018).
A party that purchases real property after the lis pendens but is not a party to the mortgage is not entitled to prevailing party attorney’s fees under the mortgage.
Pelican Creek Homeowners, LLC v. Pulverenti, Case No. 5D16-4046 (Fla. 5th DCA 2018).
A common-law dedication of lands does not, in the absence of contrary intent, divest the dedicating party of ownership in the lands while a statutory dedication under Florida Statute section 95.361 does. Moreover, dedicated property that is abandoned on the edge of the plat is an exception to the general rule of “halfway to the street” and gives the abutting property owners title to the full width of the publicly dedicated property.
Rollas v. Department Of Business And Professional Regulation, Case No. 5D17-1526 (Fla. 5th DCA 2018).
So long as the applicant meets the requirements of Florida Statute section 475.482(1) (recovery against the Florida Real Estate Recovery Fund), it does not matter that claimant was also in a joint venture or business with the defalcating real estate agent.