Lapciuc v. Lapciuc, Case No. 3D18-1804 (Fla. 3d DCA 2019).
A trial court should not determine what acts constitute “commercial reasonableness” in a settlement agreement without taking evidence.
Dezer Intracoastal Mall, LLC v. Seahorse Grill, LLC, Case No. 3D18-88 (Fla. 3d DCA 2019).
A lease rider which contains the following phrase limits operating expense increases to only three percent per year despite contrary terms contained in main lease:
8. OPERATING EXPENSES / FIXED INCREASES: Notwithstanding anything to the contrary contained in the Lease, Operating Expenses (as the term is defined in Section 2.3 of the Lease) shall increase annually during the Term by the fixed amount of three percent (3%) per calendar year over the Operating Expenses in effect for the immediately preceding calendar year, notwithstanding the actual amount of Operating Expenses otherwise allocable to the Leased Premises.
Davis v. OneWest Bank, FSB, Case No. 3D18-493 (Fla. 3d DCA 2019).
The Third District re-affirms its holding in OneWest Bank, FSB v. Palmero, 44 Fla. L. Weekly D1049 (Fla. 3d DCA April 24, 2019) (en banc), that a non-borrowing spouse under a reverse mortgage is a “co-borrower” and foreclosure cannot begin until both spouses pass away.
The Burton Family Partnership v. Luani Plaza, Inc., Case No. 3D18-1935
Awarding fees for litigating the amount of fees is proper when the applicable by-laws of the real estate development provide recovery of fees “for litigating the issue ofthe amount of fees to be awarded” in both trial and appellate proceedings.
Pier 1 Cruise Experts v. Revelex Corporation, Case Nos. 17-13956; 17-15623 (11th Cir. 2019).
The Eleventh Circuit certifies to the Florida Supreme Court the question whether self-indemnification clauses are enforceable, and if so, under what circumstances.
Hayslip v. U.S. Home Corporation, Case No. 2D17-4372 (Fla. 2d DCA 2019).
An arbitration provision in a deed runs with the land and will force a subsequent owner to arbitrate construction defect claims.
Grand Palace View, LLC v. 5 AIF Maple 2, LLC, Case No. 3D18-2604 (Fla. 3d DCA 2019).
A foreclosing lender typically has no right to possess the real property prior to foreclosure.
Flinn v. Doty, Case No. 4D18-1273 (Fla. 4th DCA 2019).
A party that has elected foreclosure of a claim through sale cannot then prosecute a money judgment for amounts still owing after foreclosure but must instead seek a deficiency judgment.
Coastal Creek Condominium Association, Inc. V. Fla Trust Services LLC, Case No. 1D18-1457 (Fla. 1st DCA 2019).
Under the present (2017 and beyond) version of Florida Statute section 718.116(1)(a), the present owner of a condominium unit is jointly andseverally liable with the previous owner (other than the association it was an owner) for unpaid assessmentsthat came due during the ownership of both; AventuraManagement, LLC v. Spiaggia Ocean Condominium Association, Inc., 105 So. 3d 637 (Fla. 3d DCA 2013), is distinguished as it interpreted the 2013 version of the statute prior to its amendment in 2017.
Rosen v. Harborside Suites, LLC, Case No. 3D16-2678 (Fla. 3d DCA 2018).
Upon rehearing, the Third District withdraws its previous opinion and holds the following language constitutes a release from a loan guarantee as additional acts, e.g., approval of the delivered contracts by the lender, are not required before the lender is required to deliver a release:
Notwithstanding anything to the contrary contained herein, upon Borrower’s satisfaction of the Pre-Sales Requirement in accordance with the terms and conditions of the Agreement, Guarantor shall thereafter be released from his obligations under this Guaranty with respect to matters occurring from and after the date of such release . . .
Liebman v. The City of Miami, Case No. 3D18-812 (Fla. 3d DCA 2019).
A party complaining of government zoning and development action must have special injury apart from citizens at large, and alleging that he would have had submitted a bid is too speculative and does not confer standing.
Space Coast Credit Union v. Day, Case No. 3D19-689 (Fla. 3d DCA 2019).
A party that is the successful bidder at foreclosure sale is not entitled to return of his deposit, but instead Florida Statute 45.031(3) requires the deposit first be applied to the costs of re-advertising the sale and any excess be applied to the outstanding judgment.
Deutsche Bank National Trust Company v. Smith, Case No. 4D18-2265 (Fla. 4th DCA 2019).
A party that moves for involuntary dismissal “’admits the truth of all facts in evidence and every reasonable conclusionor inference’ that can be drawn from the evidence favorable to the nonmoving party,” and thus an assignment of mortgage which contains statements regarding the transfers of notes are sufficient to establish standing.
Rivera v. The Bank Of New York Mellon, Case No. 2D17-4417 (Fla. 2d DCA 2019).
A witness who did not create certain business records may lay the predicate for the introduction of the records but only so long as the witness has sufficient knowledge regarding how the records were created or the records themselves.
Heredia v. John Beach & Associates, Inc., Case No. 2D18-4127 (Fla. 2d DCA 2019).
A contractor’s subcontractors performing work on a construction site are entitled to “horizontal immunity” under worker’s compensation law.
City of Fort Lauderdale v. Hinton, Case No. 4D18-2089 (Fla. 4th DCA 2019).
State and local government do not enjoy sovereign immunity from constitutional violation and inverse condemnation suits.
Collection and Recovery of Assets, Inc. v. Patel, Case No. 5D18-3154 (Fla. 5th DCA 2019).
Florida Rule of Civil Procedure 1.540(b)(5) relieves a defendant from collection under a joint and several guarantee when the party seeking to collect on the guarantee is a former co-guarantor who assigned the guarantee judgment to a solely held corporation and then attempted to use the corporation to collect the entire amount of the guarantee from his former co-guarantor.