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
Florida Real Property and Business Litigation Report Volume XVII, Issue 47 November 23, 2024 Manuel Farach U.S. Bank Trust, N.A. v. Rodriguez, Case No. 2D2023-1694 (Fla. 2d DCA 2024). https://2dca.flcourts.gov/content/download/2443744/opinion/Opinion_2023-1694.pdf A party seeking to reestablish a lost promissory note under Florida Statutes section 673.3091(1) need only establish the three factors under the statute and...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 46 November 16, 2024 Manuel Farach Day v. Hydrologic Distribution Company, Case No. 2D2024-0910 (Fla. 4th DCA 2024). https://2dca.flcourts.gov/content/download/2443432/opinion/Opinion_2024-0910.pdf Substantial customer relationships, confidential information, and employee training and retention and computer software that allows users to access important vendor information, including sales history, customer...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 45 November 9, 2024 Manuel Farach In Re: Amendments To Florida Rule of General Practice and Judicial Administration 2.535, Case No. SC2023-1170 (Fla. 2024). https://supremecourt.flcourts.gov/content/download/2443082/opinion/Opinion_SC2023-1170.pdf The Florida Supreme Court amends the Rules of General Practice regarding transcripts. Bessey v. Department of Business &...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 44 November 2, 2024 Manuel Farach VFS Leasing Co. v. Markel Insurance Company, Case No. 22-13338 (11th Cir. 2024). (https://media.ca11.uscourts.gov/opinions/pub/files/202213338.pdf) Pursuant to Florida Statute section 673.4141(3), a drawer is discharged of its payment obligation when a jointly issued check is accepted by a drawee...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 43 October 26, 2024 Manuel Farach Evans v. Gulf Landings Association, Inc., Case No. 2D2022-3709 (Fla. 2d DCA 2024). (https://2dca.flcourts.gov/content/download/2442488/opinion/Opinion_2022-3709.pdf) A previous case must have been fully litigated and have concluded in a final judgment for the doctrine of law of the case to...Read More
