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Business Litigation & Real Property Case Update, June 2022

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 compelled to turn over personal
financial information, even if the request to produce is post-judgment and the requested
party is the spouse of the judgment debtor.
City of Miami v. Cruz, Case No. 3D21-2424 (Fla. 3d DCA 2022).
A municipality waive sovereign immunity for breaches arising out of express contracts it
entered, including settlement agreements.
Karisma Hotels & Resorts Corporation Ltd. v. Hoffmann, Case No. 4D22-729 (Fla.
4th DCA 2022).
A party seeking a protective order under the Apex Doctrine of Florida Rule of Civil
Procedure 1.280(h) must file an affidavit that explains that the officer “lacks unique,
personal knowledge of the issues being litigated.”
Lexington Place Condominium Association, Inc. v. Flint, Case No. 5D21-2644 (Fla.
5th DCA 2022).
Eliminating an existing dog park and a wallyball court constitute material alterations to
the common elements for which Florida Statute section 718.113(2)(a) requires member
approval, even if the Declaration of Condominium arguably allows alteration without
member approval.

June 18, 2022

ZF Automotive US, Inc. v. Luxshare, Ltd., Case No. 21–401 (2022).

Only a governmental or intergovernmental adjudicative body (i.e., not an arbitral body) constitutes a “foreign or international tribunal” under 28 U. S. C. §1782 such that a district court may order the production of evidence “for use in a proceeding in a foreign or international tribunal.”

Echo River Sanctuary, LLC v. 21st Mortgage Corp., Case No. 1D21-1940 (Fla. 1st DCA 2022).

A personal property lien on a mobile home which is not perfected (either as a matter of fact or as a matter of law) is extinguished by foreclosure of a real property mortgage of the land on which the home sits when the mobile home is affixed to the land and becomes a fixture.

Phillips v. Lyons Heritage Tampa, LLC, Case No. 2D21-816 (Fla. 2d DCA 2022).

Civil rights claims arising under 42 U.S.C. §1983 are generally subject to arbitration under a broad arbitration provision; those claims that cannot be arbitrated (e.g., attorney’s fees) can be severed.

DecisionHR USA, Inc. v. Mills, Case No. 2D21-3468 (Fla. 2d DCA 2022).

An officer of a business entity whose Motion for Protective Order under Florida Rule of Civil Procedure 1.280(h) who establishes their position as a senior officer without personal knowledge of the issues in the case is entitled to certiorari relief.

International Village Association, Inc. v. Weiss, Case No. 4D21-537 (Fla. 4th DCA 2022).

A party is entitled to a limited award of “fees for fees” for re-establishing entitlement when the issue of entitlement was previously determined but the opposing party continues to contest entitlement.

June 11, 2022

Siegel v. Fitzgerald, Case No. 21–441 (2022).

Congressional enactment of different bankruptcy fee structures for different states violates the uniformity requirement of the Constitution.

 Doral Collision Center, Inc. v. Daimler Trust, Case No. 3D21-1385 (Fla. 3d DCA 2022).

The requirements of Florida Statute section 713.585 (enforcement of mechanic’s lien by sale of motor vehicle) are mandatory and failure to strictly comply with the statute voids a lien claimed under the statute.

100 Emerald Beach Way LC v. Thornton, Case Nos. 4D20-2792 and 4D21-508 (Fla. 4th DCA 2022).

The Fourth District follows its prior precedent and holds that Florida Rule of Appellate Procedure 9.130(a)(3) authorizes review of pre-judgment contempt orders; conflict certified with the opinions of the First, Second, Third, and Fifth Districts which hold review of such orders is by certiorari.

Lloyd S. Meisels, P.A. v. Dobrofsky, Case No. 4D21-2397 (Fla. 4th DCA 2022).

A trial court does not abuse its discretion by treating the facts in a moving party’s motion for summary judgment as undisputed when the non-moving party fails to comply with Florida Rule of Civil Procedure 1.510.

June 4, 2022

U.S. Bank National Association v. Martinez, Case No. 2D21-1351 (Fla. 2d DCA 2022).

A court should enter a final judgment at the end of trial instead of granting a motion for involuntary dismissal.

O’Boyle v. Town of Gulf Stream, Case No. 4D21-972 (Fla. 4th DCA 2022).

Florida Statute section 119.12 (attorney’s fees for government refusing to produce or copy a public record) does not provide for an award of “fees for fees” and does not permit an award of fees for associates of the testifying expert who did not testify.

Inlet Colony, LLC v. Martindale, Case No. 4D21-2330 (Fla. 4th DCA 2022).

The time under Florida Statute section 48.23(1)(b)(2) for an expired, withdrawn, or discharged lis pendens to no longer be a lien on the property includes the time for any filed appeal to be resolved.

 

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