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Real Property & Business Litigation Case Update, June 2023

 

By Manuel Farach

Week ending June 8, 2024

Connelly v. United States, Case No. 23–146 (2024).
A corporation’s contractual obligation to redeem shares, e.g., a company buying an
owner’s shares through insurance upon he owner’s death, is not necessarily a liability
that reduces a corporation’s value for purposes of the federal estate tax.
Truck Insurance Exchange v. Kaiser Gypsum, Case No. 22–1079 (2024).
An insurer with financial responsibility for bankruptcy claims is a “party in interest” under
§1109(b) that “may raise and may appear and be heard on any issue” in a Chapter 11
case.

In Re: Amendments To The Florida Rules of Civil Procedure, Case No. SC2022-
1719 (Fla. 2024).
Rule of Civil Procedure 1.110(d) is amended so that short, plain statements of facts are
required for affirmative defenses, Rule 1.820(h) is retitled and amended to reflect that
arbitration decisions will be deemed rejected only if a “notice of rejection of the
arbitration decision and request for trial” is filed with the court within 20 days of service
of the arbitrator’s written decision, and the landlord-tenant forms are revised.

O’Donnell v. Lee, Case No. 1D2022-0193 (Fla. 1st DCA 2024).
According to a party’s discovery responses, selection of an escrow agent is a material
part of an as-is real estate sale contract and the failure to select same in a form contract
is a material breach of the contract.

Close Construction, LLC v. City of Riviera Beach Utility District, Case No. 4D2023-
0051 (Fla. 4th DCA 2024).
Florida Statute section 46.015 (Release of Parties) permits setoff of settlement
damages when the settling and non-settling parties are jointly and severally liable and
the settled damages are the same damages for which the setoff is sought.

Beaches MRI v. Safeco Insurance Company of Illinois, Case No. 4D2023-0800 (Fla.
4th DCA 2024).
A summary judgment granted over Florida Rule of Civil Procedure 1.510’s forty-day
filing requirement is reversed without prejudice to refile in compliance with the Rule.

McLlenan v. Cypress Chase North Condominium No. 4 Association, Inc., Case No.
4D2023-1269 (Fla. 4th DCA 2024).
A condominium association has a duty to repair common elements that damage a unit
owner’s property, including a water leak from an upstairs apartment that damages a
downstairs unit.

Pecchia v. Wayside Estates Home Owners Association, Inc., Case No. 5D2023-
0963 (Fla. 5th DCA 2024).
Florida Statute section 720.303 requires strict – not substantial – compliance with
requests for records inspections by members.

Riti Financial, LLC v. Patel, Case No. 5D2023-1109 (Fla. 5 th DCA 2024).
Summary judgment for a defendant is proper, i.e., no jury could find for Plaintiff, when
the evidence demonstrated that Plaintiff’s oral loan to purchase a hotel was made to
defendant’s husband (not defendant), defendant made no promise to Plaintiff to repay
the loan, and the hotel passed to defendant in the husband’s probate proceedings
without a claim to the loan or the hotel in the husband’s estate.

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