Florida Real Property and Business Litigation Report
Volume XIV, Issue 52
December 18, 2021
Costa del Mar, Inc. v. Haney, Case No. 1D19-1787 (Fla.1st DCA 2021).
An appeal may be dismissed under Florida Rule of Appellate Procedure 9.350(a) but the appeal cannot be “without prejudice.”
Tidewater Preserve Master Association, Inc. v. Department of Transportation, Case No. 2D21-223 (Fla. 2d DCA 2021).
The fact there are competing real estate appraisals as to the good faith estimate for a “quick take” condemnation under Florida Statutes chapter 74, even if the appraisal adopted by the court presumes hypothetical conditions for its determination of value, does not render the adopted appraisal improper as a matter of law.
Gill v. Parvez, Case No. 3D21-0796 (Fla. 3d DCA 2021).
A tenant who seeks to defend an eviction must pay rent into the Registry of the Court during the litigation even if the initial Complaint does not demand back-due rent.
Samoilova v. Loginov, Case No. 3D21-1144 (Fla. 3d DCA 2021).
A successor judge has jurisdiction to rule on a Rule 1.540 motion regarding matters ruled upon by the predecessor judge.