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Business Litigation & Real Property Case Update, August 2022

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 Estate of Ofelia Reitman, Case No. 3D21-1104 (Fla. 3d DCA 2022).

A trial court is required by Florida Statute section 45.032(3)(b) to set an evidentiary hearing to determine entitlement to surplus foreclosure sale proceeds if – prior to the date the clerk reports the surplus as unclaimed – any person other than the owner of record claims an interest in the proceeds or the owner of record files a claim for the surplus but acknowledges there are others that may be entitled.

RKHub Logistics LLC v. Eastern Auto Motor Corp., Case No. 4D21-2665 (Fla. 4th DCA 2022).

Florida Rule of Civil Procedure 1.510 sets a mandatory requirement that a trial court state on the record the reasons it granted or denied a motion for summary judgment.

August 1, 2022

Whitten v. Clarke, Case No. 20-14352 (11th Cir. 2022).

A party that files a derivative suit under Delaware corporate law must either make a demand on the board of directors to rectify the alleged wrongs or show why demand is excused, and if so, must adequately plead why demand is excused.

Deutsche Bank National Trust Company v. Russell, Case No. 1D21-1552 (Fla. 1st DCA 2022).

A foreclosing lender may prove standing through a Pooling Service Agreement, and minor failures to comply under the Agreement do not impact standing.

Columbus Apartments, LLC v. MJM Structural Corp, Case No. 3D21-1999 (Fla. 3d DCA 2022).

Florida Rule of Civil Procedure 1.540 is a basis for vacating a foreclosure sale when contesting the underlying foreclosure judgment but is not a basis, by itself, for vacating a foreclosure sale.

Sternberg v. RP & NP Corp., Case No. 3D21-2045 (Fla. 3d DCA 2022).

The following language in a residential lease provides a right of first refusal during the “Option Term” only: “In addition, during the Option Term only (if exercised), Landlord shall have the right to list the Unit for sale, subject to a right to first refusal in favor of Tenant to match any offer made in connection therewith.”

Bimini Properties, Inc. v. Puff or Sip Hookah Lounge & Liquor Store, LLC, Case Nos. 3D21-2350 & 3D21-2426 (Fla. 3d DCA 2022).

A trial court may not stay a writ of possession after a tenant’s failure to pay the determined rent into the registry of the court under Florida Statute section 83.232(5).

Renda v. Price, Case No. 4D21-534 (Fla. 4th DCA 2022).

An equitable lien may be placed against homestead property that has been purchased with funds obtained by fraud, and the lien may be foreclosed.

 

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