Florida Real Property and Business Litigation Report
Volume XVI, Issue 27
July 8, 2023
Manuel Farach
In Re: Code For Resolving Professionalism Referrals and Amendments To Rule Regulating The Florida Bar 6-10.3., Case No. SC2023-0884 (Fla. 2023).
The Florida Supreme Court adopts the Code for Resolving Professionalism Referrals, make professionalism standards apply to all forms of communication, and reduces the number of required CLE hours.
WB’s Septic & Sitework, Inc. v. Tucker, Case No. 1D21-3533 (Fla. 1st DCA 2023).
A construction lienor who obtains the signature of a person claiming to be an agent of the owner on the construction contract is not entitled to neither a construction lien, and since a written contract existed, is not entitled to quantum meruit.
Randolph Farms I Condominium Association, Inc. v. Otto, Case No. 2D22-699 (Fla. 2d DCA 2023).
The well-founded allegations of a complaint, including that docks are not appurtenant to a condominium unit, are admitted for purposes of a motion to dismiss.
Casiano v. Casiano, Case No. 5D23-0010 (Fla. 5th DCA 2023).
Florida’s Partition Act, Florida Statutes Chapter 64, holds that while all parties to are entitled to an award of attorney’s fees and costs, the amount of attorneys’ fees to be apportioned amongst the parties is within the discretion of the trial court.
Baute v. Crenshaw, Case No. 6D23-2184 (Fla. 6th DCA 2023).
Certiorari is the proper method by which to seek appellate review of a stay order, but certiorari requires irreparable harm not remediable by plenary appeal and not every stay creates irreparable harm.