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Business Litigation & Real Property Case Update, December 2022

Compiled by Manny Farach

Week ending December 17

Henry v. Aim Industries, LLC, Case No. 2D22-330 (Fla. 2d DCA 2022).

While a transcript of a hearing to discharge lis pendens is not always necessary for appellate review, it is required when the order on the motion to discharge does not set forth detailed facts and the appellate argument to be reviewed concerns what occurred at the hearing.

Isaacs v. Federal National Mortgage Association, Case No. 3D20-0604 (Fla. 3d DCA 2022).

A non-owner spouse’s abandonment of the homestead property does not waive the homestead requirement for spousal joinder to devise or alienate the homestead.

Pascal v. Broward Water Consultants, Inc., Case No. 3D21-727 (Fla. 3d DCA 2022).

Prior case law regarding summary judgment proceedings still applies to hearings conducted before the adoption of amendments to Florida Rule of Civil Procedure 1.510.

First Call 24/7, Inc. v. Rios, Case No. 3D22-648 (Fla. 3d DCA 2022).

A dismissal for failure to prosecute entered while the automatic stay under the Bankruptcy Code was in effect is void.

Yacht Assist, Inc. v. CRP LMC PROP Co., Case No. 4D22-523 (Fla. 4th DCA 2022).

A trial court commits error when it permits counsel to withdraw without staying the case to allow retention of new counsel, immediately conducts a case management conference, and dismisses the case of plaintiff whose counsel was permitted to withdraw.

Week ending December 5

MGFB Properties, Inc. v. Viacom Inc., Case No. 21-13458 (11th Cir. 2022).

The Eleventh Circuit reaffirms its adoption of the Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), test for balancing trademark and First Amendment rights, and declines to adopt an exception for titles of artistic works.

Utah Power Systems, LLC v. Big Dog II, LLC, Case No. 1D20-3084 (Fla. 1st DCA 2022).

A landlord that does not exercise dominion and control over a third party’s personalty left at the leased premises when the former tenant vacated the premises is not liable for conversion to the owner of the personalty.

Tuscan River Estate, LLC v. U.S. Bank Trust National Association, Case No. 1D22-0054 (Fla. 1st DCA 2022).

A foreign limited liability company LLC that is not transacting business or operating or conducting a business venture in the state can only be served under Florida Statute section 48.062.

Freeman v. Berrin, Case No. 2D21-1885 (Fla. 2d DCA 2022).

The dictates of the Florida Trust Code, Florida Statutes Chapter 736, cannot be applied to a land trust under the Florida Land Trust Act, Florida Statute section 689.01.

Conservancy Of Southwest Florida, Inc. Collier v. County, Case No. 2D21-2094 (Fla 2d DCA 2022).

Traffic impact and fiscal neutrality of a proposed real estate project relate to use, density, or intensity of use and are thus within the scope of Florida Statute Section 163.3215(3); conflict certified with Imhof v. Walton County, 328 So. 3d 32 (Fla. 1st DCA 2021).

Gulf Coast Commercial, LLC v. KOS Corp., Case No. 2D22-464 (Fla. 2d DCA 2022).

A trial court cannot alter the status quo by entering a temporary injunction that is in the nature of a final injunction on the claims in the complaint.

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