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


Business Litigation & Real Property Case Law Update, April 2024

By Manny Farach

Week ending April 27, 2024

Holden v. Holiday Inn Club Vacations Incorporated, Case No. 22-11014 (11th Cir. 2024).

A report to a credit agency is not violative of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681s-2 if it arises from a contractual dispute which a credit agency cannot objectively and readily verify.

KMG Properties, LLC v. Owl Construction, LLC, Case No. 2D2023-1769 (Fla. 2d DCA 2024).

Florida Statute section 48.191(3) allows a process server to serve any representative of the registered agent but service under section 49.193(4) (when registered agent “is temporarily absent from his or her office”) requires service on an employee of the registered agent.

Tower Hotel, LLC v. City of Miami, Case No. 3D23-0285 (Fla. 3d DCA 2024).

While equitable estoppel is sparingly applied to governmental entities, its use is permitted when the ability to issue permits to avoid demolition within a time frame lies with the governmental entity and the entity was responsible for the delay.

Week ending April 20, 2024

Devillier v. Texas, Case No. 22–913 (2024).
The Taking Clause of the Fifth Amendment is self-executing with regard to

RJ’S International Trading, LLC v. Crown Castle South, LLC, Case No. 22-11977
(11th Cir. 2024).
The Eleventh Circuit certifies to the Florida Supreme Court the question of whether an
attorney’s fees provision in a recorded easement runs with the land.

In Re: Amendments To Rules Regulating The Florida Bar – Chapter 6, Case No.
SC2024-0031 (Fla. 2024).The Florida Supreme Court adopts changes to Rules Regulating The Florida Bar 6-3.14
(Sunset of Certification Areas), 6-10.2 (Administration), 6-10.4 (Reporting
Requirements), 6-12.1 (Basic Skills Course Requirement), 6-12.2 (Administration), 6-
12.5 (Noncompliance and Sanctions), 6-12.6 (Reinstatement), 6-12.7 (Confidentiality),
and 6-12.8 (Disciplinary Action).

OptumRx v. King's Drugs, Inc., Case No. 2D2023-0096 (Fla. 2d DCA 2024).
State courts have jurisdiction over cases controlled by the Federal Arbitration Act and 9
U.S.C. § 4 (2018) of the FAA authorizes state as well as district courts to compel

Lyons Heritage of Tampa, LLC v. Phillips, Case No. 2D2023-1313 (Fla. 2d DCA
A final judgment which contains a general reservation of jurisdiction to enter further
orders but does not specifically find entitlement to attorney’s fees does not extend the
thirty-day requirement of Florida Rule of Civil Procedure 1.525 to file a motion for
entitlement within thirty days of judgment.

Grossfeld v. Security National Mortgage Company, Case No. 3D23-600 (Fla. 3d
DCA 2024).
A mortgage on entireties property signed by only one spouse is not effective but
becomes effective if the property loses its entireties character, and accordingly, is
effective after foreclosure when the property has lost is entireties character.

Blue Water Coast Services, LLC v. Maize, Case No. 4D2022-252 (Fla. 4th DCA
A trial court is not permitted to reverse a jury verdict based on juror emotions, mental
processes, or mistaken understanding of the effect of the verdict.

HCA Health Services of Florida, Inc. v. Berlin, Case No. 4D2022-2652 (Fla. 4th DCA
So long as a motion under Florida Rule of Civil Procedure 1.525 was timely filed, failure
to timely set the motion for hearing does not waive the right to claim fees.

Week ending April 15, 2024

Macquarie Infrastructure Corp. v. Moab Partners, L. P., Case No. 22–1165 (2024).
Failure to make a disclosure required under Item 303 of SEC Regulation S-K is not the
kind of omission that supports a private securities fraud claim under Section 10(b) of the
Securities Exchange Act of 1934.

Sheetz v. County of El Dorado, Case No. 22–1074 (2024).
The Takings Clause applies to both legislative and administrative permit conditions and
accordingly, legislative conditions must pass muster under Nolan v. California Coastal
Comm’n, 483 U. S. 825 (1987), and Dolan v. City of Tigard, 512 U. S. 374 (1994).

Jon M. Hall Company, LLC v. Canoe Creek Investments, LLC, Case No. 2D23-1368
(Fla. 2d DCA 2024).Failure to suit against a surety within sixty days after a construction lien is transferred to
bond during a proceeding extinguishes the lien claim under Florida Statute section
713.22(2); Woolems, Inc. v. Catalina Caststone Creations, Inc., 358 So. 3d 1265, 1266-
67 (Fla. 3d DCA 2023), is distinguished on the basis of the relation-back doctrine.

Florida Roads Trucking, LLC v. Zion Jacksonville, LLC, Case No. 5D23-2094 (Fla.
5th DCA 2024).
While equitable estoppel may generally allow a non-signatory to an arbitration
agreement to compel arbitration, the subject matter must still be one the underlying
parties agreed to arbitrate.

Week ending April 6, 2024

Al Zawawi v. Diss (In Re Al Zawawi), Case No. 22-11024 (11th Cir. 2024).

11 U.S.C. § 109(a) does not apply to Chapter 15 cases and does not establish a prerequisite for the recognition of a foreign proceeding under § 1517.

McNulty Lofts Condominium Association, Inc. v. WRH McNulty Garage, LLC, Case No. 2D23-536 (Fla. 2d DCA 2024).

Inconsistency in admitted documents, including as to location of real estate boundaries, will defeat summary judgment even under the amended summary judgment rule.

Helmick v. Taylor, Case No. 2D22-3658 (Fla. 2d DCA 2024).

Being listed in a marital settlement agreement as a creditor to be paid by a signatory to the settlement agreement does not render the creditor an intended third party beneficiary that can sue to enforce payment under the settlement agreement.

Seneca Specialty Insurance Company v. Jade Beach Condominium Association, Inc., Case No. 3D22-1290 (Fla. 3d DCA 2024).

An insurer is not required to satisfy a condition precedent of unsuccessfully suing the third parties that the insured released in order to plead a cause of action against the insured for interfering with subrogation rights.

Lemano Investments, LLC v. RGF Athena, LLC, Case Nos. 3D23-0695 and 3D23-0824 (Fla. 3d DCA 2024).

The Third District follows the Second and Fifth Districts and holds the Sole Actor Exception to the Adverse Interest Exception to the Imputation Rule does not apply if the business entity wholly entrusts the matter in dispute to its agent.

Facebook, LLC v. Grind Hard Holdings, LLC, Case No. 3D23-0948 (Fla. 3d DCA 2024).

Under Florida Statute section 48.193(1)(a)2, a company’s violations of its own rules and procedures is not commission of a tort in this state which bestows long-arm jurisdiction.

Chewy, Inc. v. Covetrus, Inc., Case No. 4D2023-2967 (Fla. 4th DCA 2024).

An affidavit in support of a motion for protective order under Florida Rule of Civil Procedure 1.280(h) (Apex Doctrine) must “explain the officer lacks unique, personal knowledge of the issues being litigated,” i.e., the affidavit must demonstrate the officer does not have knowledge which cannot  be obtained from lesser officials or documents.

Marlin Construction Group, LLC v. Bollinger, Case No. 6D23-810 (Fla. 6th DCA 2024). A salesman for a roofing company is not a “contractor” nor engaged in “contracting,” and accordingly, is not required to have a roofing contractor’s license to sue for unpaid commissions.

Related Posts