Florida Real Property and Business Litigation Report
Volume XVI, Issue 43
October 28, 2023
Manuel Farach
Â
McGriff v. City of Miami Beach, Case No. 22-12863 (11th Cir. 2023).
Government’s own speech is not controlled by the First Amendment, and accordingly, it is free to choose what to say and what not to say including deciding what art to display or not display.
AFP 103 Corp. v. Common Wealth Trust Services, LLC, No. 3D21-2117 (Fla. 3d DCA 2023).
Upon rehearing, the Third District withdraws its opinion that easements created by landowners are void ab initio and decides the case on the basis that AFP had no interest in the property as the dominant estate.
Costco Wholesale Corporation v. Vargas, Case No. 3D22-585 (Fla. 3d DCA 2023).
A corporate representative who deposition is being taken does not need to have personal knowledge of the listed deposition topics but is not permitted to use an undisclosed and unproduced set of answers nor to be coached by the attorney defending the deposition.
Riggins v. Clifford R. Rhoades, P.A., Case No. 6D23-489 (Fla. 6th DCA 2023).
A court deciding a Motion to Dismiss may not stray outside the four corners of the complaint, including reviewing judgments from other courts, in order to decide the motion.