Yarbrough v. Decatur Housing Authority, Case No. 17-11500 (11th Cir. 2019) (en banc).
The Housing Act of 1937, 42 U.S.C. § 1437 et seq., does not create a preponderance standard for housing termination lawsuits alleging a violation of 42 U.S.C. § 1983.
Miller v. Homeland Property Owners Association, Inc., Case No. 4D18-1647 (Fla. 4th DCA 2019).
The Business Judgment Rule applies to decisions of property owners’ associations so long as the association had the contractual or statutory authority to perform the relevant acts, and if so, when the board acted in a reasonable manner.
Wells Fargo Bank, N.A. v. Stephenson, Case No. 5D18-733 (Fla. 5th DCA 2019).
The Fifth District agrees with Bank of N.Y. Mellon Tr. Co., Nat’l Ass’n v. Ginsberg, 221 So. 3d 1196, 1197 (Fla. 4th DCA 2017), and holds that a foreclosing lender is not required to identify the trust on whose behalf it is acting in order to properly allege standing.
Pirate’s Treasure, Inc. v. City of Dunedin, Florida, Case No. 2D18-2774 (Fla. 2d DCA 2019).
A landowner locked in a development dispute with a municipality may transfer the affected land to a third party and not lose standing to prosecute the dispute so long as it retains an interest in the property.
Project Development Enterprise, LLC v. Elka Holdings, LLC, CaseNo. 3D18-356 (Fla. 3d DCA 2019).
The proceeds of a derivative action brought under Florida Statutes section 605.0802against a limited liability company are required by Florida Statutes section 605.0805(1) to be paid to the limited liability company and not the plaintiff.
Roth v. Nationstar Mortgage, LLC (In re Roth), Case No: 17-11444 (11th Cir. 2019).
An “informational statement” sent to a borrower who has been discharged in a Chapter 13 bankruptcy does not violate the discharge injunction, 11 U.S.C. § 524.
Salcedo v. Hanna, Case No. 17-14077 (11th Cir. 2019).
Sending a single text message does not violate the Telephone Consumer Protection Act of1991, 47 U.S.C. § 227(b)(1)(A)(iii).
Regions Bank v. Legal Outsource PA, Case No. 17-11736 (11th Cir. 2019).
A guarantor is not an “applicant” under the under the Equal Credit OpportunityAct, 15 U.S.C. §§ 1691(a), 1691a(b), and accordingly may not seek relief under the Act.
In Re: Standard Jury Instructions In Civil Cases and Standard Jury Instructions In Contract And Business Cases—Joint Report No. 19-01, Case No. SC19-185 (Fla. 2019).
The standard verdict form for breach of fiduciary duty is approved by the Florida Supreme Court.
Atkins North America, Inc. Tallahassee MH Parks, LLC, Case No. 1D17-2996 (Fla. 1st DCA 2016).
Reformation of a mortgage will not be permitted where doing so materially affects a creditor who recorded a judgment lien after the recordation of the inaccurate mortgage.
Suzuki Motor Corporation v. Winckler, Case No. 1D18-4815 (Fla. 1st DCA 2019).
The Apex Doctrine (“[an] agency head should not be subject to deposition, overobjection, unless and until the opposing parties have exhaustedother discovery and can demonstrate that the agency head isuniquely able to provide relevant information which cannot beobtained from other sources.”) does not apply outside of government and thus does not apply to shield the C.E.O. of multinational company from discovery.
Hopson v. Deutsche Bank National Trust Company, Case No. 2D18-673 (Fla. 2d DCA 2019).
A defending mortgagor that wins dismissal but does not admit privity with the plaintiff is not entitled to an award of attorney’s fees under Florida Statute section 57.105(7); Harris v. Bank of New York Mellon, 44 Fla. L. Weekly D141 (Fla. 2dDCA Dec. 28, 2018), is distinguished on its facts.
Beach Towing Services, Inc. v. Sunset Land Associates, LLC, Case Nos. 3D18-1837 & 3D18-2168 (Fla. 3d DCA 2019).
Restrictive covenants are interpreted in a fashion which least restricts the use of the property.
Valencia Reserve Homeowners Association, Inc. Boynton Beach Associates, XIX, LLLP, Case No. 4D18-1320 (Fla. 4th DCA 2019).
It is not a violation of the Florida Homeowner’s Association Act for a developer to use working capital funds contributed by purchasers to fund the developer’s negative equity contributions under Florida Statute section 720.308(1)(b).
Grace and Naeem Uddin, Inc. v. Singer Architects, Inc., Case No. 4D18-2972 (Fla. 4th DCA 2019).
A supervising architect owes a duty to a contractor and may be held liable in tort for professional negligence notwithstanding the architect and contractor both have contracts with the developer, i.e., the existence of the contracts does not bar the tort duty owed by the architect to the builder.
Fernandez v. Manning Building Supplies,Inc., Case No. 1D18-4819 (Fla. 1st DCA 2019).
A charge for late payment of an account is a delinquency charge, not a “finance charge” which permits a lienor not in privity to charge interest under Florida Statute section 713.06(1), and accordingly, prejudgment interest may not be awarded for this claim.
Fernandez v. Marrero, Case No. 3D16-2931 (Fla. 3d DCA 2019).
The payment by one party of the down payment and closing costs for the purchase of real estate with the subsequent titling of the property as joint tenants with right of survivorship creates a presumption of a gift to the non-paying party unless the contributing party manifests an intention that a resulting trust should arise.
Sherman v. Sherman, Case No. 4D18-3578 (Fla. 4th DCA 2019).
The standard used to determine an award of court costs under Florida Statute section 57.041(1) is the “party recovering judgment” and not the “prevailing party” standard.