KB Home Fort Myers LLC v. Taishan Gypsum Co., Ltd., Case No. 2D21-384 (Fla. 2d DCA 2022).
The adoption by a circuit judge of a magistrate’s report and recommendation is typically a voidable act, and accordingly, an objection to the adoption order under Florida Rule of Civil Procedure 1.540(b) must be brought within one year.
Mauriello v. The Property Owners Association Of Lake Parker Estates, Inc., Case No. 2D21-500 (Fla. 2d DCA 2022).
A community association cannot state a cause of action for a mandatory injunction against a homeowner if the covenants for the association state that work is not performed by the homeowner, the association may do so and charge the homeowner for the work.
1000 Brickell, Ltd. v. City of Miami, Case No. 3D20-1046 (Fla. 3d DCA 2022).
A fee simple determinable deed to a local government is controlled by the time limitations of Florida Statute section 689.18, not section 95.36(1), and thus an action to enforce the deed’s reverter clause is of unlimited duration and not subject to a statute of limitations.
The City of Cocoa v. The Villas Of Cocoa Village, LLC, Case No. 5D21-2208 (Fla. 5th DCA 2022).
A Request for Proposal (“R.F.P.”) is not a contract and the “winner” of a R.F.P. only wins the right to negotiate for a binding contract and is not guaranteed that a binding conract will ensue.