Florida Real Property and Business Litigation Report Volume XVIII, Issue 8 February 22, 2025 Manuel Farach   Fowler v. Burnham, Case No. 1D2023-1102 (Fla. 1st DCA 2025). https://1dca.flcourts.gov/content/download/2447550/opinion/Opinion_2023-1102.pdf Parties seeking to enforce a restrictive covenant is not required to prove irreparable harm, and instead the party challenging enforcement is instead required to prove defensive matters...Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 7 February 15, 2025 Manuel Farach   Osborne v. Walton County, Case No. 1D2021-3898 (Fla. 1st DCA 2025). https://1dca.flcourts.gov/content/download/2447207/opinion/Opinion_2021-3898.pdf Governmental action under the public notice requirements of Florida Statute section 125.66 must be redone if the new action to be taken is materially different than...Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 6 February 8, 2025 Manuel Farach   Barat v. Navy Federal Credit Union, Case No. 24-10630 (11th Cir. 2025). https://media.ca11.uscourts.gov/opinions/pub/files/202410630.pdf A denial of credit does not violate the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691–1691f even if it is factually incorrect; the denial merely...Read More

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