Florida Real Property and Business Litigation Report
Volume XVI, Issue 46
November 18, 2023
Manuel Farach
Stone v. Commissioner of Internal Revenue, Case No. 22-13217 (11th Cir. 2023).
A whistleblower to the Internal Revenue Service has no ability to compel the Service to institute enforcement proceedings against offending taxpayers so that the taxpayer may collect their whistleblower commission under 26 U.S.C. § 7623(b).
Mercado v. Sridhar, Case No. 3D23-0223 (Fla. 3d DCA 2023).
Unsigned addenda to a fully executed and integrated real estate sales contract do not become part of the contract; the contract is enforceable but the addenda are not.
Property Registration Champions, LLC v. Mulberry, Case No. 5D22-2341 (Fla. 5th DCA 2023).
A forum selection clause titled “Consent to Jurisdiction” does not indicate the clause is permissive if the text of the clause indicates the “consent” is exclusive as to one jurisdiction.
Bowein v. Sherman, Case No. 6D23-608 (Fla. 6th DCA 2023).
A real estate sales contract which states at one point that one property is being sold while stating in another that four properties are being sold is patently ambiguous, and is accordingly void.