Florida Real Property and Business Litigation Report
Volume XVI, Issue 48
December 2, 2023
Manuel Farach
In Re: Certification of Need for Additional Judges, Case No. SC2023-1586 (Fla. 2023).
The Florida Supreme Court certifies the need for one additional circuit court judge for the Twentieth Judicial Circuit, five additional county court judges (three in Orange County and two in Hillsborough County), and no need for additional district court of appeal judgeships.
Palm Beach Polo Holdings, Inc. v. Ethrensa Family Trust Company, Case No. 4D2022-3003 (4th DCA 2023).
Contractual provisions in a developer’s vacant lot sales agreement which provide the lot buyer shall construct a single family residence within two years of purchase and which restrict the sale of the vacant lot to a third party until the residence has been built – the breach of which provide the seller with a below market right of first refusal to purchase back the lot – run with the land and are not violative of Iglehart v. Phillips, 383 So. 2d 610 (Fla. 1980), are reasonable restrictions on alienation of land as they require the improvement of land and are to the benefit of the buyer.
Advanced Biomedical, Inc. v. 1551 Properties, LLC, Case No. 5D23-1279 (Fla. 5th DCA 2023).
An order denying a motion to vacate a default judgment of eviction is considered a non-final order reviewable under Florida Rule of Appellate Procedure 9.130, and accordingly, motions for rehearing directed to the order are “not authorized” under the rule and do not suspend the deadline for filing an appeal.