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Business Litigation & Real Property Case Law Update- November 2023

by Manuel Farach

November 25, 2023

Offices at Grand Bay Plaza Condominium Association, Inc. v. Grove at Grand Bay Condominium Association, Inc., Case No. 3D22-1889 (Fla. 3d DCA 2023).

Even if entry of a temporary injunction is proper under law, failure to require the posting of a bond is reversible error.

2023-11-22 Offices at Grand Bay v. Grove at Grand Bay

Manny Seafood Corporation v. The City of Miami, Case No. 3D23-0357 (Fla. 3d DCA 2023).

Even if the settlement agreement affects a nearby business and property owner, a non-party that is not an intended third party beneficiary lacks standing to enforce a settlement agreement between a municipality and the state of Florida.

2023-11-22 Manny_s Seafood v. City of Miami

November 18, 2023

Stone v. Commissioner of Internal Revenue, Case No. 22-13217 (11th Cir. 2023).
A whistleblower to the Internal Revenue Service has no ability to compel the Service to institute enforcement proceedings against offending taxpayers so that the taxpayer may collect their whistleblower commission under 26 U.S.C. § 7623(b).

2023-11-17 Stone v. IRS

Mercado v. Sridhar, Case No. 3D23-0223 (Fla. 3d DCA 2023).
Unsigned addenda to a fully executed and integrated real estate sales contract do not become part of the contract; the contract is enforceable but the addenda are not.

Property Registration Champions, LLC v. Mulberry, Case No. 5D22-2341 (Fla. 5th
DCA 2023).
A forum selection clause titled “Consent to Jurisdiction” does not indicate the clause is permissive if the text of the clause indicates the “consent” is exclusive as to one jurisdiction.

2023-11-13 Property Registration v. Mulberry

Bowein v. Sherman, Case No. 6D23-608 (Fla. 6th DCA 2023).
A real estate sales contract which states at one point that one property is being sold
while stating in another that four properties are being sold is patently ambiguous, and is accordingly void.

2023-11-17 Bowein v. Sherman

November 11, 2023

Santos v. Healthcare Revenue Recovery Group, LLC., Case No. 22-11187 (11th Cir. 2023).

A consumer does not have to prove actual damages to recover statutory damages under the Fair Credit Reporting Act,15 U.S.C. § 1681n(a)(1)(A).

2023-11-06 Santos

Dirty Duck 16004 LLC v. Town of Redington Beach, Case No. 2D23-251 (Fla. 2d DCA 2023).

Municipal ordinances which permit customary use of “dry sand beach area” which are enacted between January 1, 2016 and June 30, 2018 are not rendered void by Florida Statute section 163.035.

2023-11-08 Dirty Duck v. Town of Reddington Beach

Dooley v. Gary the Carpenter Construction, Inc., Case No. 3D22-1460 (Fla. 3d DCA 2023).

Damages awarded under unjust enrichment theories, unlike those awarded under breach of contract theories, may be apportioned and do not need to be awarded under an all-or-nothing basis.

2023-11-08 Dooley v. Gary the Carpenter Construction

Tatlici v. Tatlici, Case No. 4D2022-061 (Fla. 4th DCA 2023).

A Florida administrator ad litem may try foreign causes of action in Florida even if the cause of action arose in a foreign jurisdiction between foreign individuals and under the law of the foreign jurisdiction.

2023-11-08 Tatlici v. Tatlici

North Florida Mango, LP v. LLS Holdings, LLC, Case No. 4D2022-203 (Fla. 4th DCA 2023).

The term “business as currently run” in a real estate sales contract is ambiguous and renders a contract dispute whether a buyer took the property with a running business on the premises incapable of summary judgment.

2023-11-08 North Florida Mango v. LLS Holdings



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