Florida Real Property and Business Litigation Report
Volume XVI, Issue 28
July 15, 2023
Manuel Farach
Schultz Builders & Pools, Inc. v. Icon Welding & Fabrication, LLC, Case No. 2D22-4138 (Fla 2d DCA 2023).
Venue may lie with regard to any count of a multi-count complaint, thus failure to seek a change of venue as to all counts waives the right to object to venue for the entire suit.
Evans v. Diaz, Case No. 4D22-2733 (Fla. 4th DCA 2023).
The party seeking to enforce an attorney-negotiated settlement must prove that the opposing party’s attorney the client’s “clear and unequivocal grant of authority” to negotiate on the client’s behalf or that the client subsequently ratified the unauthorized offer.
Marlowe v. City of St. Augustine, Case No. 5D21-2407 (Fla. 5th DCA 2023).
In rem and quasi in rem actions against real property do not require personal jurisdiction over the defendant, only compliance with the statutory requirements for service by publication. Moreover, riparian rights of “an unobstructed view” and “access” must be recognized over an area as near “as practicable” without the application of right angles to the shore line and it matters not whether the lands competing for rights are adjacent to each other.