Florida Update, Volume XVI, Issue 21

Florida Real Property and Business Litigation Report

Volume XVI, Issue 21

May 27, 2023

Manuel Farach


Dupree v. Younger, Case No. 22–210 (2023).

A post-trial motion under Federal Rule of Civil Procedure 50 is not required to preserve for appellate review a purely legal issue resolved at summary judgment.


Sackett v. Environmental Protection Agency, Case No. 21–454 (2023).

The Clean Water Act extends only to wetlands that have a continuous surface connection with “waters of the United States” such that that is difficult to determine where the “water” ends and the wetlands begins.


Tyler v. Hennepin County, Case No. 22–166 (2023).

Government may seize and sell private property to pay taxes, but may not keep any of the proceeds of the sale over monies due the government and doing so violates the Takings Clause.


Calcutt v. Federal Deposit Insurance Corporation, Case No. 22-714 (2023).

An administrative agency such as the FDIC is bound by the record, including errors, it creates and a court reviewing the agency decision may not conduct its own review of the agency to see if substantial evidence supports the agency decision notwithstanding the agency’s error.


National Equity Recovery Services, Inc. v. Imperial Fund Trust 2019-I, Case No. 4D22-1683 (Fla. 4th DCA 2023).

Certiorari will lie to compel a trial court to vacate its imposed stay and to decide entitlement to surplus foreclosure funds under Florida Statute 45.032 between two competing entities.


2023-05-25 Tyller v. Hennepin County
2023-05-25 Sackett v. EPA
2023-05-25 Dupree v. Younger
2023-05-23 Calcutt v. FDIC
2023-05-23 National Equity v. Imperial Fuan

Social Media Auto Publish Powered By : XYZScripts.com