Florida Real Property and Business Litigation Report
Volume XIV, Issue 49
December 4, 2021
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 may be awarded attorney’s fees even if his firm (not him) paid his fees under an indemnification agreement.
K.D. Construction of Florida, Inc. v. MDM Retail, Ltd., Case No. 3D20-1759 (Fla. 3d DCA 2021).
Florida Statute section 713.10 cannot be used by an owner/landlord to escape liability for unpaid construction charges when the owner/landlord personally contracted for the improvements, recorded the notices of commencement, and was contractually obligated to pay for the improvements.
Cocoplum Civic Association, Inc. v. City of Coral Gables, Case No. 3D21-1569 (Fla. 3d DCA 2021).
The Third District holds that “second-tier certiorari may not be utilized to challenge simple legal error, but only in instances where the petitioner establishes a violation of a clearly established principle of law resulting in a miscarriage of justice.”
Millan Law Firm, P.A. v. Zambrano, Case No. 3D21-1726 (Fla. 3d DCA 2021).
Records regarding payments to law firms typically do not implicate either the attorney-client or work product privileges.
McGregor v. Fowler White Burnett, P.A., Case No. 4D20-2684 (Fla. 4th DCA 2021).
Fraudulent transfer claims brought under Florida Statute section 56.29 (proceedings supplementary) are subject to the time limitations of Florida Statute chapter 726 (fraudulent conveyances) and thus can be barred by the application of Florida Statute section 726.110.