Florida Real Property And Business Litigation Report
Volume XVI, Issue 38
September 23, 2023
Manuel Farach
In re: Fundamental Long Term Care, Inc., Case No. 21-10587 (11th Cir. 2023).
Analysis of a conflict under 11 U.S.C. § 327 is a case by case analysis, but should focus on whether there exists a present (not a past) conflict.
Flamingo South Acquisitions, LLC v. Flamingo/South Beach I Condominium Association, Inc., Case No. 3D22-656 (Fla. 3d DCA 2023).
A declaratory action which deals with election of condominium board members must first be arbitrated.
Factor Brokers, Inc. v. J&C Enterprises, Inc., Case No. 3D22-1029 (Fla. 3d DCA 2023).
A non-signatory to a contract containing an arbitration provision can be bound to arbitrate by virtue of a valid assignment of the contract.
Monroe County v. Jabour, Case No. 3D23-145 (Fla. 3d DCA 2023).
A Partial Summary Final Order of a code enforcement special magistrate’s which does not decide whether a violation occurred is not a final order capable of being appealed.
Florida Atlantic University Board of Trustees v. Harbor Branch Oceanographic Institute Foundation, Inc., Case No. 4D2022-0313 (Fla. 4th DCA 2023).
The Florida Legislature may not pass laws which impair contractual relationships parties; total or substantial destruction of the rights of parties is not required.
Stuart Roofing, Inc. v. Thomas, Case No. 4D2022-2580 (Fla. 4th DCA 2023).
A party alleging a violation of the Florida Deceptive and Unfair Trade Practices Act must prove actual, and not just consequential, damages.
T.G. United, Inc. v. AADD Properties, LLC, Case No. 5D22-1147 (Fla. 5th DCA 2023).
Florida Statute section 83.232(5) provides for an immediate default if a non-residential tenant fails to timely pay rent into the court registry, but the automatic default provision is not triggered if the court orders rent to be timely paid into an attorney’s trust account and the tenant fails to do so.
Royal United Properties, Inc. v. Royal, Case No. 6D23-584 (Fla. 6th DCA 2023).
Certiorari relief may be sought for a trial court setting aside a notice of election to purchase corporate shares under Florida Statute section 6017.1430(1)(b).