City f Miami v. Bank of American, Case No. 14-14543 (11th Cir. 2019).
Redlining and reverse-redlining by banks can constitute a violation of the Fair Housing Act which voliation is best addressed by the municipality affected by the actions.
Brunson V. Ashley, Case Nos. 1D16-4972 & 1D17-3532 (Fla. 1st DCA 2019).
A proposal for settlement is not invalid for failure to describe the treatment of punitive damages if the complaint does not demand punitive damages.
Crapo v. Gainesville Area Chamber of Commerce, Inc., Case No. 1D17-0452 (Fla. 1st DCA 2019),
A chamber of commerce has a “charitable purpose” as defined in the Florida Statutes and thus is exempt from ad valorem taxation.
JOINER v. PINELLAS COUNTY, Case No. 2D17-1040 (Fla. 2d DCA 2019).
A county’s immunity from ad valorem taxation on real property it owns does not apply to real property outside the county.
HSBC Bank USA, N.A. v. Leone, Case No. 2D17-2851 (Fla. 2d DCA 2019).
A second default notice for foreclosure does not need to be given when the first foreclosure is dismissed without prejudice.
Cornfeld v. Plaza of the Americas Club, Inc., No. 3D18-270 (Fla. 3d DCA 2019).
A shareholder’s derivative suit against the not-for-profit corporation that operates a condominium complex must allege and prove the corporation or its individual officers acted fraudulently, illegally, oppressively or in bad faith in order to sustain a derivative action on the corporation’s behalf under Florida Statute section 607.0831(1).
D’Agostino v. CCP Ponce, LLC, No. 3D18-676 (Fla. 3d DCA 2019).
Whether guarantors have to pay all outstanding indebtedness due or the amounts the borrower has to pay after bankruptcy proceedings is a not a matter of bankruptcy law, but a matter of Florida contract law which determines whether the guaranty contract bound the guarntors to the indebtedness or the amount due by the borrower.
Comvest IMC Holdings, LLC v. IMC Group, LLC, Case No. 3D18-1155 (Fla. 3d DCA 2019).
A dispute resolution method as to valuation in a sale agreement does not, without more, rise to the level of an arbitration agreement.
Alessio v. Ocwen Loan Servicing, LLC, Case No. 4D18-793 (Fla. 4th DCA 2019).
When witness testimony is needed to prove mailing of a default notice, the witness must have personal knowledge of the business’s practices in mailing letters.