Florida Real Property and Business Litigation Report Volume XVII, Issue 5 February 3, 2024 Manuel Farach   American Coastal Insurance Company v. San Marco Villas Condominium Association, Inc., Case No. SC2021-0883 (Fla. 2024). A court can compel an insurance appraisal even if coverage issue remain outstanding.   Q.G.S. Development, Inc. v. National Lining Systems, Inc.,...Read More

Florida Real Property and Business Litigation Report Volume XVII, Issue 4 January 27, 2024 Manuel Farach   Shrewsbury v. Childers, Case No. 1D2023-0750 (Fla. 1st DCA 2024). A lessee under a 99-year land lease who contests whether he, as a lessee, sufficiently “owns” real property to be assessed ad valorem taxes must still contest the...Read More

Florida Real Property and Business Litigation Report Volume XVII, Issue 3 January 20, 2024 Manuel Farach   Wallace v. Nationstar Mortgage, LLC, Case No. 2D23-926 (Fla. 2d DCA 2024). Business records from a third party company are admissible under Florida Statute section 90.803(6)(a) so long as there is a business relationship between the proponent of...Read More

Florida Real Property and Business Litigation Report Volume XVII, Issue 2 January 13, 2024 Manuel Farach   In Re: Amendments To Florida Rules of Civil Procedure – Forms 1.996(A) And 1.996(B), Case No. SC2022-1275 (Fla. 2024). The Florida Supreme Court amends foreclosure judgment forms to permit the correct statutory judgment rate, to include language regarding...Read More

Florida Real Property and Business Litigation Report Volume XVII, Issue 1 January 6, 2024 Manuel Farach   Taveras v. Bank of America, N.A., Case No. 22-11355 (11th Cir. 2024). A federal court examines the following factors when deciding whether to abstain under the Colorado River Doctrine: whether one of the courts has assumed jurisdiction over...Read More

Florida Real Property and Business Litigation Report Volume XVI, Issue 52 December 30, 2023 Manuel Farach   Zahav Refi LLC v. White Hawk Asset Management, Inc., Case No. 2D23-675 (Fla. 2d DCA 2023). An evidentiary hearing must be conducted under Florida Statute section 714.06(1)(b) prior to instituting a receivership, even after judgment has been entered...Read More

Florida Real Property and Business Litigation Report Volume XVI, Issue 51 December 23, 2023 Manuel Farach   Bedgood v. Wyndham Vacation Resorts, Inc., Case No. 22-11504 (11th Cir. 2023). A party that seeks to compel arbitration but whose policies do not comply with the rules and policies of the arbitral forum cannot compel arbitration, and...Read More

Florida Real Property and Business Litigation Report Volume XVI, Issue 50 December 16, 2023 Manuel Farach   Sarasota Tennis Club Holdings, LLC v. Country Club of Sarasota Homeowners Association, Inc., Case No. 2D22-2358 (Fla. 2d DCA 2023). A party which has a right of first refusal to purchase real property does not have the right...Read More

Florida Real Property and Business Litigation Report Volume XVI, Issue 49 December 9, 2023 Manuel Farach   Acheson Hotels, LLC v. Laufer, Case No. 22-429 (2023). The Court dismissed the case as moot and left unresolved the circuit court split on the issue of whether Americans with Disabilities Act (ADA) “testers,” i.e., those who sue...Read More

Florida Real Property and Business Litigation Report Volume XVI, Issue 48 December 2, 2023 Manuel Farach   In Re: Certification of Need for Additional Judges, Case No. SC2023-1586 (Fla. 2023). The Florida Supreme Court certifies the need for one additional circuit court judge for the Twentieth Judicial Circuit, five additional county court judges (three in...Read More