Ortuzar v. Foley, Case No. 2D21-1262 (Fla. 2d DCA 2022).
Florida Statute section 83.48 awards attorney’s fees to a prevailing party in a “judgment or decree” so a defendant is not entitled to attorney’s fees when a plaintiff voluntarily dismisses a suit without a judgment or decree being entered.
Llanso v. SHEDDF2-FL3, LLC, Case No. 3D21-783 (Fla. 3d DCA 2022).
A written credit agreement does not ensue if a borrower fails to comply with the conditions precedent for forming the agreement, and any oral agreements are barred by the Banker’s Statute of Frauds under Florida Statute section 687.0304.
Wilmington Trust, N.A. v. Serpa, Case No. 3D21-1835 (Fla. 3d DCA 2022).
Florida Statute section 201.08(1)(b) precludes the enforcement of a mortgage, trust deed, or other instrument where documentary stamp taxes have not been paid and upon proof of failure to pay, a trial court should abate the action or dismiss without prejudice to allow the lender to pay the outstanding tax.
Nazarova v. Nayfeld, Case No. 3D21-1940 (Fla. 3d DCA 2022).
An attorney’s fees provision in a lease entitling a party to fees “to enforce the Lease” is a broad-enough fees provision to allow for “fees for fees,” i.e., litigation the amount of attorney’s fees.
- Alexis Varela, Inc. v. Pagio, Case No. 5D21-2077 (Fla. 5th DCA 2022).
The requirement that contractor’s final affidavit under Florida Statute section 713.06(3)(d) be delivered at least five days before filing suit requires that, when counting, either the beginning date or the terminal date be excluded.