Florida Real Property and Business Litigation Report
Volume XVI, Issue 44
November 4, 2023
Manuel Farach
PRN Real Estate & Investments, LTD. v. Cole, Case No. 22-11118 (11th Cir. 2023).
Based upon Husky Int’l Elecs., Inc. v. Ritz, 578 U.S. 355 (2016), and In re Gaddy, 977 F.3d 1051 (11th Cir. 2020), the Eleventh Circuit holds that a creditor can file an adversary action for actual fraud under 11 U.S.C. § 523(a)(2)(A).
In Re: Amendment to Florida Rule of Civil Procedure 1.280, Case No. SC2021-0929 (11th Cir. 2023).
The Florida Supreme Court adopts as final the changes to Florida Rule of Civil Procedure 1.280 regarding the Apex Doctrine.
Diggs v. Cushman, Case No. 1D2022-0926 (Fla. 1st DCA 2023).
An “access and utility easement” permits use of the servient tenement both for utilities and access.
Knapp v. Harling, Case No. 1D2022-2256 (Fla. 1st DCA 2023).
A proposal for settlement is invalid if does not contain the requirement of Florida Rule of Civil Procedure 1.442 that the proposal resolves “all damages that would otherwise be awarded in a final judgment in the action.”.
DJB Rentals, LLC v. City of Largo, Case No. 2D22-693 (Fla. 2d DCA 2023).
Upon rehearing, the Second District re-affirms that an as-applied constitutional challenge may not be raised for the first time in a lien foreclosure action, i.e., the issues must have been raised first in an appeal from the magistrate’s order confirming the lien.
Continental Connections USA, LLC v. D.O.D. Holdings, LLC, Case Nos. 4D2022-1786 & 4D2022-1787 (Fla. 4th DCA 2023).
Claims seeking return of capital contributions to the company were not compulsory claims in a prior suit against a former member for breach of fiduciary duty.
FLOPRO, LLC v. EOX Technology Solutions, Inc., Case No. 4D2023-000
Computer-assisted legal research, postage, mileage, and meals are not taxable costs under the Statewide Uniform Guidelines for Taxation of Costs and applicable law.