Florida Real Property and Business Litigation Report
Volume XIV, Issue 50
December 11, 2021
Manuel Farach
1944 Beach Boulevard, LLC v. Live Oak Banking Company (In Re: NRP Lease Holdings, LLC), Case No. 21-11742 (11th Cir. 2021).
The Eleventh Circuit certifies questions regarding Florida Statute section 679.5016(3) (safe harbor for incorrect spelling of debtor names in UCC-1 Financing Statements) to the Florida Supreme, specifically:
(1) Is the “search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic,” as provided for by Florida Statute § 679.5061(3), limited to or otherwise satisfied by the initial page of twenty names displayed to the user of the Florida Secured Transaction Registry’s search function?
(2) If not, does that search consist of all names in the filing office’s database, which the user can browse to using the command tabs displayed on the initial page?
(3) If the search consists of all names in the filing office’s database, are there any limitations on a user’s obligation to review the names and, if so, what factors should courts consider when deter-mining whether a user has satisfied those obligations?
In Re: Amendments to Rule Regulating the Florida Bar 1-3.10 and Florida Rule of General Practice and Judicial Administration 2.510, Case No. SC21-722 (Fla. 2021).
The process for pro hac vice is amended and out of state attorneys are required to comply with the Florida Rules of General Practice.
Blue Water Holdings SRC, Inc. v. Santa Rosa County, Florida, Case No. 1D19-4387 (Fla. 1st DCA 2021).
The purpose of appraisals under the Bert Harris Act, Florida Statute section 70.001 (2012), is to give notice to the government to allow it to fairly assess the claim and the appraisals need not be “before and after,” i.e., appraisals before and after the inordinate government regulation which show the diminution in value due to the government regulation, nor admissible in evidence by themselves.
The Solomon Law Group, P.A. v. Dovenmuehle Mortgage, Inc., Case No. 2D21-360 (Fla. 2d DCA 2021).
Forum selection clauses, being a contractual right and not a grant of jurisdiction, neither grant jurisdiction to nor remove jurisdiction from a particular court, and being a contractual right, can be waived by the actions of the party invoking the clause.
ProntoCash, LLC v. The Autoboutique of Miami, Inc., Case No. 3D21-1277 (Fla. 3d DCA 2021).
A lis pendens not founded on a duly recorded instrument requires a fair nexus between the apparent legal or equitable ownership of the property and the dispute embodied in the lawsuit, and accordingly, is not enforceable against a party not involved in the underlying dispute.
Cleveland v. Westport Recovery Corporation, Case No. 4D20-2445 (Fla. 4th DCA 2021).
A motion denied under the prior Florida Rule of Civil Procedure o1.525 may be re-filed after the adoption of the revised rule and will be determined under the new rule.
Case Cleveland v. Westport Recovery
Case New Rule Amending Pro Hac Vice Attorneys
Case ProntoCash v. Autoboutique of Miami
Case Solomon v. Dovenmuehle
Case 1944 Beach Blvd v. Live Oak Banking
Case Blue Water Holdings v. Santa Rosa County