Federal Real Property and Business Litigation Report Volume IV, Issue 52 December 25, 2021 Manuel Farach Persinger v. Southwest Credit Systems, Case No. 21‐1037 (7th Cir. 2021). A credit collection company does not violate the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., when it investigates a debtor after her discharge...Read More
Florida Real Property and Business Litigation Report Volume XIV, Issue 52 December 25, 2021 Manuel Farach Ballard v. Pritchard, Case No. 2D20-2967 (Fla.2d DCA 2021). A decedent’s devise of a life estate of her homestead to a surviving spouse with the fee to decedent’s child is invalid under Florida Statute section 723.4015(1) and the...Read More
Florida Real Property and Business Litigation Report Volume XIV, Issue 52 December 18, 2021 Manuel Farach Costa del Mar, Inc. v. Haney, Case No. 1D19-1787 (Fla.1st DCA 2021). An appeal may be dismissed under Florida Rule of Appellate Procedure 9.350(a) but the appeal cannot be “without prejudice.” Tidewater Preserve Master Association, Inc. v....Read More
Florida Real Property and Business Litigation Report Volume XIV, Issue 50 December 11, 2021 Manuel Farach 1944 Beach Boulevard, LLC v. Live Oak Banking Company (In Re: NRP Lease Holdings, LLC), Case No. 21-11742 (11th Cir. 2021). The Eleventh Circuit certifies questions regarding Florida Statute section 679.5016(3) (safe harbor for incorrect spelling of debtor...Read More
Florida Real Property and Business Litigation Report Volume XIV, Issue 49 December 4, 2021 Manuel Farach Jain v. Buchanan Ingersoll & Rooney PC, Case No. 3D20-1529 (Fla. 3d DCA 2021). Florida Statute section 768.79 awards fees paid by a party as well as those paid on the party’s behalf, and accordingly, a prevailing defendant...Read More
Today’s WSJ has yet another article on digital real estate picking up steam (see https://www.wsj.com/articles/metaverse-real-estate-piles-up-record-sales-in-sandbox-and-other-virtual-realms-11638268380?mod=djem10point). This has been talked about for several years but Meta’s name change and announced focus on the metaverse has given the market a push. Watch the articles on this topic: https://www.realtor.com/news/trends/metaverse-digital-real-estate-land-rush/. Read More
Federal Real Property and Business Litigation Report Volume IV, Issue 48 November 27, 2021 Manuel Farach Mississippi v. Tennessee, Case No. 143, Orig. (2021). No State has a sovereign right to the water in an aquifer, and the Court’s Equitable Apportionment jurisprudence (each of the States has an equality right to use the...Read More
Florida Real Property and Business Litigation Report Volume XIV, Issue 48 November 20, 2021 Manuel Farach Mississippi v. Tennessee, Case No. 143, Orig. (2021). No State has a sovereign right to the water in an aquifer, and the Court’s Equitable Apportionment jurisprudence (each of the States has an equality right to use the water...Read More
Great opinion by Laurel Isicoff, Chief Judge of Southern District Bankruptcy Court in Florida. In short, Judge Isicoff explains a foreclosure sale is not a preference because the transfer (the foreclosure sale) is not on account of an antecedent debt, i.e., the credit bid is a “purchase” by the lender. See the opinion in Nunez,...Read More
