Florida Real Property and Business Litigation Report Volume XVIII, Issue 5 February 1, 2025 Manuel Farach Mishiyev v. Davis, Case No. 2D2023-1242 (Fla. 2d DCA 2025). https://2dca.flcourts.gov/content/download/2446618/opinion/Opinion_2023-1242.pdf The Second District re-affirms the anti-SLAPP statute creates a burden on plaintiffs to allege sufficient facts to bring the claim within the statute and that its position...Read More
Florida Real Property and Business Litigation Report Volume XVIII, Issue 4 January 25, 2025 Manuel Farach In Re: Amendments To Florida Rules of Civil Procedure, Case No. SC2023-0962 (Fla. 2025). https://supremecourt.flcourts.gov/content/download/2446235/opinion/Opinion_SC2023-0962.pdf The Florida Supreme Court further amends the Rules of Civil Procedure, including revisions to Rules 1.340 and 1.350 to require that objections based...Read More
Florida Real Property and Business Litigation Report Volume XVIII, Issue 3 January 18, 2025 Manuel Farach Guan v. Ellingsworth Residential Community Association, Inc. (In Re: Ellingsworth Residential Community Association, Inc.), Case Nos. Nos. 21-12969, 21-12971, & 21-13231 (11th Cir. 2025). https://media.ca11.uscourts.gov/opinions/pub/files/202112969.pdf Even though they do not have a profit motive, community associations are “engaged...Read More
Florida Real Property and Business Litigation Report Volume XVIII, Issue 2 January 11, 2025 Manuel Farach Sunz Insurance Company v. USA (In Re: Payroll Management, Inc.), Case No. 22-12336 (11th Cir. 2025). https://media.ca11.uscourts.gov/opinions/pub/files/202212336.pdf A commercial tort claim converts into a contract when the claim has been settled and “reduced to a contractual obligation to...Read More
Florida Real Property and Business Litigation Report Volume XVIII, Issue 1 January 4, 2025 Manuel Farach CNJ Realty Associates, LLC v. Yankiv, Case No. 2D2023-2132 (Fla. 2d DCA 2025). https://2dca.flcourts.gov/content/download/2445485/opinion/Opinion_2023-2132.pdf A full signature is not necessary to bind a party to a contract as “a set of initials is just as effective to bind...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 52 December 28, 2024 Manuel Farach Rogers v. Zingale, Case No. 1D2022-3549 (Fla. 1st DCA 2024). https://1dca.flcourts.gov/content/download/2445142/opinion/Opinion_2022-3549.pdf The heightened notice requirements under Florida Statute section 196.193(5) apply to the denial of homestead tax exemptions notwithstanding that Florida Statute section 196.151 mentions homestead and section...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 51 December 21, 2024 Manuel Farach Gomez v. Nichols, Case No. 3D23-1694 (Fla. 3d DCA 2024). https://3dca.flcourts.gov/content/download/2444897/opinion/Opinion_2023-1694.pdf A trial court may look beyond the four corners of the complaint when examining a receiver’s motion to dismiss a suit brought against him for violation of...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 50 December 14, 2024 Manuel Farach In Re: Certification of Need For Additional Judges, Case No. SC2024-1721 (Fla. 2024). https://supremecourt.flcourts.gov/content/download/2444685/opinion/Opinion_SC2024-1721.pdf The Florida Supreme Court certifies the need for two additional judges for the district courts of appeal, twenty-three circuit judges, and twenty-five county judges....Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 49 December 6, 2024 Manuel Farach In Re: Amendments To Florida Rules of Civil Procedure, Case No. SC2023-0962 (Fla. 2024). https://supremecourt.flcourts.gov/content/download/2444348/opinion/Opinion_SC2023-0962.pdf The Florida Supreme Court leaves in place the proportionality requirements for discovery, requires objections to discovery be made with “specificity” and “including the...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 48 November 30, 2024 Manuel Farach City of Gulf Breeze v. Brown, Case No. SC2022-0741 (Fla. 2024). https://supremecourt.flcourts.gov/content/download/2444075/opinion/Opinion_SC2022-0741.pdf A municipality’s management agreement for a golf course permitted the municipality to retain extensive control of the property and operations and thus satisfied the requirement of...Read More