by Manny Farach March 25, 2023 DeMaria v. Construction Industry Licensing Board, Case No. 1D20-2306 (Fla. 1st DCA 2023). Even if the contractor has declared bankruptcy, Florida Statute section 489.1401(2) requires a claimant seeking recovery from the Construction Industry Recovery Fund obtain a judgment, an arbitration award, or an order of restitution before the Construction...Read More

Florida Annual Case Update, includes all of the weekly case updates from Manny Farach for 2022Read More

Compiled by Manny Farach Week ending December 17 Henry v. Aim Industries, LLC, Case No. 2D22-330 (Fla. 2d DCA 2022). While a transcript of a hearing to discharge lis pendens is not always necessary for appellate review, it is required when the order on the motion to discharge does not set forth detailed facts and...Read More

August 6, 2022 Kim v. Galasso, Case No. 2D20-3313 (Fla. 2d DCA 2022). Trees are generally considered part of the realty, not personalty, and any contract taking planted trees out of the general rule must clearly show an intent the trees be personal property and furthermore must satisfy the statute of frauds. Perez v. The...Read More

June 25, 2022 Brucker v. City of Doraville, Case No. 21-10122 (11th Cir. 2022). It is not unconstitutional for a municipality to base its annual budget on the collection of code enforcement and traffic fines. Tallo v. Illes, Case No. 3D21-1206 (Fla. 3d DCA 2022). A proper predicate must be laid before a non-party is...Read More

July 16, 2022 Huggins v. Lueder, Larkin & Hunter, LLC, Case Nos. 20-12957, 12959, 12961, 14320, 14318, & 14319 (11th Cir. 2022). Rule 11 sanctions motions can be filed after final judgment. In Re: Amendments To Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida...Read More

The compilation of the 2021 weekly editions of the case updates can be found hereRead More

Week ending December 4, 2021 Jain v. Buchanan Ingersoll & Rooney PC, Case No. 3D20-1529 (Fla. 3d DCA 2021). Florida Statute section 768.79 awards fees paid by a party as well as those paid on the party’s behalf, and accordingly, a prevailing defendant may be awarded attorney’s fees even if his firm (not him) paid...Read More

Week ending November 6, 2021 Reynolds v. Servis First Bank (In Re: Stanford), Case No. 20-11652 (11th Cir. 2021). Unless a section 363 sale or lease was stayed pending appeal, the reversal or modification on appeal of the authorization under 11 U.S.C. § 363(m) does not affect the validity of a sale or lease to...Read More

August 7, 2021 August 14, 2021 August 21, 2021Read More