Represented amicus the Florida Land Title Association before the Florida Supreme Court in case concerning the standard for covenants running with the land. Hayslip v. U.S. Home Corp., 276 So. 3d 109 (Fla. 2d DCA 2019), review granted, 2020 WL 5949844 (Fla. 2020).
Represented amicus The Business Law Section of the Florida Bar before the Florida Supreme Court in successful challenge to adopt the Celotex standard for summary judgment proceedings. In re Amendments to Florida Rule of Civil Procedure 1.510, — So.3d —-, 2020 WL 7778179 (Mem) (Fla. 2020).
Represented amicus The International Council of Shopping Centers in case involving the proper interpretation of easements in gross, including discretionary review in Florida Supreme Court. Janoura Partners, LLC v. Palm Beach Imports, Inc., 264 So. 3d 942 (Fla. 4th DCA 2018).
Successful reversal of trial court judgment and established new law for the defense at trial under Florida Rule of Civil Procedure 1.140(h)(2) of failure to state a cause of action. Beltway v. Lucombe, 211 So. 3d 328 (Fla. 2d DCA 2017).
Successful reversal of panel decision clarifying the effect of Florida’s lis pendens statute. Ober v. Town of Lauderdale-By-The-Sea, 218 So. 3d 952 (Fla. 4th DCA 2016).
Successful reversal of adverse trial court judgment deciding the proper application of Florida Statute section 701.02 regarding the need to record assignments of mortgage to maintain lien priority. Barton v. Metrojax Property Holdings, LLC, 207 So. 3d 304 (Fla. 3d DCA 2016).
Represented amicus The Business Law Section of the Florida Bar in case of first impression in Florida on statutes of limitations applied to mortgages. Deutsche Bank v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016) (en banc).
Successful appeals on long running commercial foreclosure. Terant v. Beltway Capital, LLC, 147 So. 3d 1103 (Fla. 3d DCA 2014); Terant v. Beltway Capital, LLC, 2015 WL 7293329 (Fla. 3d DCA 2015); Terant v. Beltway Capital, LLC, 179 So. 3d 334 (Fla. 3d DCA 2015).
Establishment of new law regarding ability of assignees to employ Florida’s “safe harbor provisions” in response to community association demands for assessments. Beltway Capital, LLC v. Greens COA, Inc., 153 So. 3d 330 (Fla. 5th DCA 2014).
Successful appellate representation of developer contesting attempted imposition of referenda on development orders. Archstone v. Palmetto Park, LLC, 132 So. 3d 347 (Fla. 4th DCA 2014).
Represented seller of real estate in case deciding the applicability of arbitration provisions in real estate disputes. Keyes Co. v. Spencer, 16 So. 2d 213 (Fla. 4th DCA 2009).
Represented seller of real estate dispute arising out a breach of contract that involved two appeals to the district court of appeal and the Florida Supreme Court, including making new law regarding Florida Rule of Civil Procedure 1.525. Swift v. Wilcox, 924 So. 2d 885 (Fla. 4th DCA 2006).
Established new law regarding waiver of the right of equity of redemption in settlement agreements. Rothschild Reserve Intern., Inc. v. Silver, 830 So. 2d 224 (Fla. 4th DCA 2002).
Represented landowners in establishing that abandonment of a non-conforming use requires intent to abandon and not merely the passage of time. City of Lake Worth v. Cook, 1 Florida L. Weekly Supp. 383 (Fla. 15th Cir.), aff’d, 626 So. 2d 1115 (Fla. 4th DCA 1993).
Represented former bankruptcy trustee against charges of defalcation across two dozen cases, in and outside of bankruptcy court, with claimed damages totaling $25,000,000.00.
Successful defense of corporation at jury trial in breach of contract claims over $20,000,000.
Representation of out-of-state developer in the purchase of several large parcels of real estate consisting of hundreds of acres and assemblage into project for resale into housing developments, including therein CCD, DRI, reservations of mineral rights, construction, zoning, environmental and financing, acquisition and stop/start construction financing issues together with negotiation of ultimate end-purchaser contract approaching eight figures in value.
Representation regarding interpretation and enforcement of long-term commercial ground lease.
Representation of regional shopping centers regarding mall leasing issues.
Merger and collapse of multiple operating companies into Delaware holding company with representation across all levels of parent and subsidiary.
Appointed outside General Counsel for a lender under an O.T.S. consent order, and as part of new management team, turned the lender around so that the consent order was removed, then acted as counsel when the lender sold to another lender in a multimillion-dollar transaction.
Representation of a client in purchasing waterfront parcels and consolidating the parcels into operating businesses, including waterfront permitting and zoning issues.
Representation of an airplane leasing company in the sale of its assets and transfer of its F.A.A. licenses to the purchaser.
Acted as land trustee and counsel in representing purchaser of significant real property that stretched from the Atlantic Ocean to the Intracoastal Waterway and conducted closing in fashion in which the privacy of the purchaser was protected.
Represented purchaser of real property for the construction of a very large residential estates, including issues surrounding the purchase of the properties, assemblage of the parcels into one unified parcel, negotiation of the construction contract, and environmental and lien issues.
Represented seller of commercial real property in development restricted agricultural preserve.
Represented occupier of a condominium unit under a disputed life estate as remainderman and successfully terminated the co-tenancy of the condominium, all without litigation.
Representation of community associations in operation and during turnover from developer.
Please contact Mr. Farach for further information regarding these services.