Palafox, LLC v. Diaz,Case No. 1D20-3415 (Fla. 1st DCA 2022).
Florida Statute section 120.569(2)(e) (sanctions imposed for filing frivolous pleadings in administrative proceedings) does not have a timeliness requirement.
Balm Road Investment, LLC v. Hillsborough County Board Of County Commissioners, Case No. 2D21-1033 (Fla. 2d DCA 2022).
The narrow scope of second-tier certiorari requires affirmance of a trial court (first tier review) order denying certiorari relief to landowner seeking reversal of county commission decision denying application for development notwithstanding the proposed development meets all legal and administrative requirements.
Coast Pump & Supply Co., Inc. v. Mathis, Case No. 2D21-1142 (Fla. 2d DCA 2022).
A Notice of Appearance is not a “pleading” for purposes of contesting jurisdiction under Florida Rule of Civil Procedure 1.140(b) (lack of personal jurisdiction must be raised in first pleading otherwise the defense is waived).
BPI Sports, LLC v. Florida Supplement LLC, Case No. 3D21-736 (Fla. 3d DCA 2022).
A term defined in the covenants portion of a contract controls over a conflicting definition contained in the recitals portion of the contract.
Aquino de Oliveira v. Sim, Case No. 3D21-1255 (Fla. 3d DCA 2022).
Clerk’s defaults are not independently appealable.
Boca Raton Community Redevelopment Agency v. Crocker Downtown Development Associates, Case No. 4D21-873 (Fla. 4th DCA 2022).
Unless an agreement by the parties requires otherwise, the fair market value of property encumbered by the lease must be computed as unencumbered by the lease.