Florida Real Property And Business Litigation Report
Volume XVI, Issue 31
August 5, 2023
Manuel Farach
Moore v. Wagner, Case No. 2D22-292 (Fla. 2d DCA 2023).
The following agreement to hold a lease open is not an agreement to enter into a lease, i.e., a prohibited “agreement to agree,” but instead an independent agreement:
APPLICATION DEPOSIT: Applicant and any co-applicants must pay in total the Application Fee and Application Deposit shown below. The Application Fee is a nonrefundable processing fee. The Application Deposit will be applied as part or all of the lease security deposit if a lease is entered into between the applicant (and any coapplicants) and the landlord. . . If applicant and any co-applicants are approved and applicant and any co-applicants refuse to enter into the proposed lease, the deposit will be forfeited as a liquidated damage for landlord’s loss of rent and rerental expenses.
Bydalek v. Saenz, Case No. 3D22-2085 (Fla. 3d DCA 2023).
Failure to comply with Florida Statute section 718.503(2)(c) grants a buyer the right to cancel a condominium sales contract up to the date of closing.
Dobal v. Villas at South Beach Condominium Association, Inc., Case No. 3D22-1169 (Fla. 3d DCA 2023).
Condominium association board members who target a former board member by refusing to fix the roof over his unit, keeping him from fixing the roof himself, and requiring an engineer to change his report stating the roof needed to be fixed engage in action “with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property” such that immunity from suit under Florida Statute section 718.111(1)(d) is lost.
Inspired Capital, LLC v. Howell, Case No. 3D22-1220 (Fla. 3d DCA 2023).
Out-of-pocket damages are general damages which need not be specifically pled at motion to dismiss but must be contested with specificity at the summary judgment stage.
Peaceful Paws Memorial Services LLC v. Tarves, Case No. 3D23-348 (Fla. 3d DCA 2023).
Service on a limited liability company must be accomplished in accordance with Florida Statute section 48.062, not other sections of Chapter 48.
Rhythm & Hues, LLC v. Nature’s Lawn Care, Inc., Case No. 4D22-2859 (Fla. 4th DCA 2023).
An implied contract is generally barred when there exists an express contract but “may arise out of an express contract where a contractor or subcontractor performs ‘extras’ not
covered by the original contract.”