Florida Real Property And Business Litigation Report
Volume XVI, Issue 40
October 7, 2023
Manuel Farach
Thai Meditation Association of Alabama, Inc. v. City of Mobile, Case No. 22-11674 (11th Cir. 2023).
Neighborhood character or zoning are not compelling government interests sufficient to justify abridging core constitutional rights, including exercise of religious beliefs.
Hess v. PMG-S2 Sunny Isles, LLC, Case No. 3D21-1547 (Fla. 3d DCA 2023).
The assignor of a sales contract is entitled to an award of prevailing party fees and costs, even if it had no standing to enforce the contract, if the contract provides that asssignor remained liable under the contract until the closing of the sales contract.
Frehling v. Garcia, No. 3D22-0949 (Fla. 3d DCA 2023).
The statutory enlargement of the application time period to port Save Our Homes exemption to a new property from two years to three years is not retroactive.
M.P. v. Guiribitey Cosmetic & Beauty Institute, Inc., Case No. 3D22-1927 (Fla. 3d DCA 2023).
An “adhesionary” contract, including one for arbitration, is not necessarily unconscionable.
Cape Coral Loan Acquisitions, LLC v. 924 Del Prado, LLC, Case No. 6D23-401 (Fla. 6th DCA 2023).
A settlement agreement in which a settling borrower waives “any defenses of any nature whatsoever” includes a statute of limitations defense.