Florida Department of Health v. Tropiflora, LLC, Case No. 1D17-2796 (Fla. 1st DCA 2019).
Failure of a claimant to exhaust administrative remedies is not within the narrow class of reasons for which prohibition will issue.
Keystone Airpark Authority v. Pipeline Contractors, Inc., Case No. 1D17-2897 (Fla. 1st DCA 2019).
Consequential damages are not based on foreseeability but instead are based on the damaged party’s relationship with third parties; the following is certified as question of great public importance:
WHERE A CONTRACT EXPRESSLY REQUIRES A PARTY TO INSPECT, MONITOR, AND OBSERVE CONSTRUCTION WORK AND TO DETERMINE THE SUITABILITY OF MATERIALS USED IN THE CONSTRUCTION, BUT THE PARTY FAILS TO DO SO AND INFERIOR MATERIALS ARE USED, ARE THE COSTS TO REPAIR DAMAGE CAUSED BY THE USE OF THE IMPROPER MATERIALS GENERAL, SPECIAL, OR CONSEQUENTIAL DAMAGES?
Eastwood Shores Property Owners Association, Inc. v. Department Of Economic Opportunity, Case No. 2D17-3467 (Fla. 2d DCA 2019).
Although the issue has been resolved by the 2018 amendment to the Marketable Record Title Act (M.R.T.A.), condominium associations may be considered “homeowner’s associations” capable of employing the prior M.R.T.A. covenant revitalization provisions (Florida Statutes sections 720.403-.407).
Mercantil Bank, N.A. v. Pazmino, Case No. 4D18-1168 (Fla. 4th DCA 2019).
A party that fails to conduct a foreclosure sale on a prior foreclosure judgment is not entitled to “revive” the prior judgment by filing a new suit.