Fisher v. PNC Bank, N.A., Case No. 20-10110 (11th Cir. 2021).
A federal court is not limited by the Probate Exception and may exercise jurisdiction over a case brought by or involving an estate so long as doing so does not involve probating a will, administering the estate, or disposing of the estate’s property.Gartner v. Reverse Mortgage Solutions, Inc.,Case No. 1D20-772 (Fla. 1st DCA 2021).
The First District follows Castellanos v. Reverse MortgageFunding LLC, Case No. 3D20-472, 2021 WL 1897069 (Fla. 3d DCA May12, 2021), and holds that the reciprocity provisions of Florida Statute section 57.105(7) apply even when the loan is non-recourse.SG 2901, LLC v. Complimenti, Inc., CaseNo. 3D19-2131 (Fla. 3d DCA 2021).
The agent of an owner may recover fees for acting as the agent for construction work so long as a contractor licensed under Florida Statute section 489.105(3) performs the work set forth in the statute.Petkovich v. Sandy Point Condominium Apartments Association, Inc.,Case No. 3D20-1775 (Fla. 3d DCA 2021).
Claims regarding the circumstances surrounding the execution – but not the contents – of documents in a title record are not claims founded on a duly recorded instrument under Florida Statute section 48.23.UN2JC Air 1, LLC v. Whittington, Case No. 4D20-1449 (Fla. 4th DCA 2021).
There is no need to conduct Independent Tort Doctrine analysis when the plaintiff is not a party to the contract.
