Visit Us On TwitterVisit Us On FacebookVisit Us On LinkedinVisit Us On Instagram


Business Litigation and Real Property Case Law Updates, February 2023

February 25, 2023

Maddox v. Maddox, Case Nos. 2D21-517 and 2D21-521 (Fla. 2d DCA 2023).
The assets of a third party company cannot be adjudicated during divorce proceedings
unless the company is made a party to the proceedings and has the opportunity to
participate with regard to its assets.

Oana v. Solomon, Case No. 2D22-772 (Fla. 2d DCA 2023).
An appellate court has non-final jurisdiction pursuant to Florida Rule of Appellate
Procedure 9.130(a)(3)(C)(ii) to review an arbitration award approving a receiver’s sale
of real property even if the award has not been confirmed, i.e., the final judgment
confirming the award has not been rendered.

AFP 103 Corp. v. Common Wealth Trust Services, LLC, Case No. 3D21-2117 (Fla.
3d DCA 2023).
A landowner cannot, while being owner of both a dominant and servient estate, grant an
easement to oneself in their own property.
Pershing Industries, Inc. v. StoneMor Florida Subsidiary, LLC, Case No. 3D21-
2367 (Fla. 3d DCA 2023).
The use of different language in different contractual provisions of a contract strongly
implies that a different meaning was intended.

United States Aviation Underwriters, Inc. v. Turnberry Airport Holdings, LLC,
Case No. 3D22-270 (Fla. 3d DCA 2023).
Anti-subrogation provisions in commercial leases in which the landlord and the tenant
agree to waive any claim against each other are, in effect, agreements that each party
will purchase its own insurance to protect its own interest, and such anti-subrogation
provisions are enforceable against an insurer seeking subrogation for a casualty.

Ron v. Parrado, Case No. 3D22-602 (Fla 2d DCA 2023).
A party may compel arbitration of an agreement which does not contain an arbitration
clause if the agreement sought to be enforced through arbitration incorporates a
different agreement which does contain an arbitration provision.

February 18, 2023

Esteva v. UBS Financial Services Inc. (In Re: Esteva), Case No. 21-13580 (11th Cir. 2023).
A district court may exercise its discretion and review interlocutory judgments and orders of a bankruptcy court, but a court of appeals has appellate review jurisdiction over only final judgments and orders entered by a district court.

Shamieh v. HCB Financial Corp., Case No. 1D21-1821 (Fla. 1st DCA 2023).
Florida’s Uniform Contribution Among Tortfeasors Act, Florida Statute section 768.31, does not apply to non-tort actions.

Kapila v. RJPT, Ltd., Case No. 2D22-837 (Fla. 2d DCA 2023).
Even if it was a “passive investor” that did not manage nor operate a Florida business, buying and selling membership interests seventeen times and receiving distributions in the eight figures is sufficiently a “business venture” for a foreign entity to be subject to jurisdiction under Florida Statute section 48.193.

Overture Realty, LLC v. City of Madeira Beach, Case No. 2D21-2199 (Fla. 2d DCA 2023).
An expedited final judgment of foreclosure cannot be entered Florida Statute section 703.10 if the answer raises genuine issues of material fact.

Risman v. Seaside Villas Condominium Association, Inc. (Fisher Island), Case No. 3D21-1963 (Fla. 3d DCA 2023).
The following provision of a condominium declaration permits the Board of Directors to exercise its discretion and permit the destruction of a condominium building, sale of the parcel to a buyer with intention to build a single family home in place of the condominium building, and to grant a 99 year lease in the condominium common elements:
Interpretation. The Board of Directors of the Association shall be responsible for interpreting the provisions hereof and of any of the Exhibits attached hereto. Such interpretation shall be binding upon all parties unless wholly unreasonable. An opinion of legal counsel that any interpretation adopted by the Association is not unreasonable shall conclusively establish the validity of such interpretation.

Taso Group, LLC v. Gould, Case No. 3D21-2271 (Fla. 3d DCA 2023).
A trial court cannot enter a judgment in a garnishment proceeding which includes liability for post-judgment interest as doing so exceeds the trial court’s jurisdictional authority over the property.

Sutton v. Wilmington Trust, N.A., Case No. 3D22-1274 (Fla. 3d DCA 2023).
A trial court may relieve a party from the consequences of a foreclosure sale on the basis of mutual mistake.

Storey Mountain, LLC v. George, Case No. 4D22-1408 (Fla. 4th DCA 2023).
Florida Statute section 655.79(1) allows married couples to disclaim entireties ownership designation for bank accounts in any written document specifically incorporated by reference into the signature card signed by the depositors upon the opening of the account.

February 11, 2023

Walters v. Fast AC, LLC, Case No. 21-13879 (11th Cir. 2023).
An aggrieved party has standing to claim a violation of the Truth in Lending Act against a defendant lender when the party violating the Act was the agent of the lender.

GSE Consulting, Inc. v. L3Harris Technologies, Inc., Case No. 22-10647 (11th Cir. 2023).
A reverse triangular merger does not constitute a “merger” for purposes of monies due under a consulting agreement.

Schmidt v. JJJTB, Inc., Case Nos. 2D21-1213 and 2D21-2752 (Fla. 2d DCA 2023).
The Second District holds that parties cannot stipulate to “case jurisdiction,” i.e., procedural and continuing jurisdiction over a case; conflict certified with Fourth District decision of MCR Funding v. CMG Funding Corp., 771 So. 2d 32, 35 (Fla. 4th DCA 2000).

G & G In-Between Bridge Club Corporation v. Palm Plaza Associates, Ltd., Case No. 2D21-3402 (Fla. 2d DCA 2023).
Despite a tenant having the opportunity to negotiate for specific parking rights and failing to do so when signing the lease, a landlord subject to a “reasonable” right to change parking cannot do so if doing so deprives the tenant of sufficient parking.

Quest Systems, LLC v. Far, Case No. 2D22-1545 (Fla. 2d DCA 2023).
A Motion to Vacate a Foreclosure Sale must be directed to the conduct of the sale, and a third-party bidder’s lack of knowledge of a superior mortgage on the property he bought at foreclosure sale is not a basis to vacate the sale.

Testa v. Town of Jupiter Island, Case No. 4D22-432 (Fla. 4th DCA 2023).
Subject to affirmative defenses and despite the actual date of adoption being more than 10 days from publication, the failure of a municipality to strictly comply with the Florida Statute section 166.041(3)(a) invalids the adopted ordinance.

February 4, 2023
TR Investor, LLC v. Manatee County, Case No. 2D21-2061 (Fla. 2d DCA 2023).
Wetlands buffers are not exactions and are not takings in violation of the Constitution.

Home Performance Alliance, Inc. v Better Business Bureau of West Florida, Inc., Case Nos. 2D21-2785 and 2D22-485 (Fla. 2d DCA 2023).
Due to the rating being an opinion, a party aggrieved by a poor rating by the Better Business Bureau has no cause of action for claims of tortious interference, trade libel, libel per se, defamation, and for injunctive and declaratory relief but may have a claim under Florida’s Deceptive and Unfair Trade Practices Act if false statements were made.

King v. Roorda, Case No. 2D22-678 (Fla. 2d DCA 2023).
An owner cannot grant an easement over their own property, and accordingly, neighbors are not permitted to use the easement.

The Residences at the Bath Club Condominium Association, Inc. v. Bath Club Entertainment, LLC, Case No. 3D21-933 (Fla. 3d DCA 2023).
A settlement agreement which provides a party with upland property rights controls over a conflicting survey.

Omni Healthcare, Inc. v North Brevard County Hospital District, Case No. 5D22-786 (Fla. 5th DCA 2023).
A motion to disburse rents from the court registry is a non-final order, and accordingly, the date of rendition for appellate purposes is not tolled by a motion for rehearing.


Related Posts