Acquisition Trust Company, LLC v. Laurel Pinebrook, LLC,Case No. 2D18-4979 (Fla. 2d DCA 2020).
The exercise of a valid right of first refusal by the holder of the right terminates the first (“old”) contract and creates a new contract, so the holder of the old contract is not a party to and has no ability to sue the parties to the new contract.
Latimer-MacDonnell v. U.S. Bank N.A., Case No. 2D19-432 (Fla. 2d DCA 2020).
A properly served mortgage foreclosure defendant who was defaulted and against whom default final judgment without hearing was entered can contest unliquidated damages such as pre-acceleration late charges, title search and examination, property inspections mediation expense, property taxes, insurance, the filing fees, service of process, and attorney’s fees but attorney’s fees less than 3% of the principal amount of the mortgage are deemed liquidated pursuant to Florida Statute section 702.065(2), and upon remand the defendant may only obtain a judgment for damages under Florida Statute section 702.036(1).
78D Team, LLC v. U.S. Bank, N.A., Case No. 3D19-1708 (Fla. 3d DCA 2020).
A subsequent purchaser may not contest application of expedited foreclosure procedures or other defenses.
Management & Consulting, Inc. v. Tech Electric, Inc., Case No. 3D20-152 (Fla. 3d DCA 2020).
A “Verified Response” does not satisfy the requirements under Florida Statute section 713.21(4) as it is neither the filing of a suit nor the demonstration of good cause why suit was not filed within one year.
EspinosaPavel Pardo Investments, LLC, CaseNo. 3D17-2650 (Fla. 3d DCA 2020).
The Florida Limited Liability Company Act does not provide a mechanism nor authorize the revocation of a member’s shares.
Ramblewood East Condominium Association, Inc. Kaye Bender Rembaum, P.L., Case No. 4D19-166 (Fla. 4th DCA 2020).
Expert witness testimony is not required when attorney’s fees are sought as compensatory damages such as for breach of contract.
Wilmington Savings Fund Society, FSB Tacoronte, Case No. 5D19-1326 (Fla. 5th DCA 2020).
A mortgage foreclosure complaint signed by a servicer complies with Florida Rule of Civil Procedure 1.115(e).