Florida Real Property and Business Litigation Report
Volume XVI, Issue 50
December 16, 2023
Manuel Farach
Sarasota Tennis Club Holdings, LLC v. Country Club of Sarasota Homeowners Association, Inc., Case No. 2D22-2358 (Fla. 2d DCA 2023).
A party which has a right of first refusal to purchase real property does not have the right to unjustifiably interfere with the sales contract of the property on which it did not exercise its right to purchase.
Johansson v. Miami-Dade County Value Adjustment Board, Case No. 3D23-1165 (Fla. 3d DCA 2023).
A circuit court has no right of appellate review over a Value Adjustment Board’s decision as the Board merely serves to attempt to resolve tax disputes; “review” of a tax valuation is accomplished by instituting a de novo proceeding in the circuit court contesting the valuation.
Federal Insurance Company v. Perlmutter, Case Nos. 4D2022-1558, 4D2022-1560, and 4D2022-1562 (Fla. 4th DCA 2023).
To allow a pleading claiming punitive damages, a trial court must review evidence from all parties and determine that clear and convincing evidence exists for punitive damages; conflict with decisions of the Second and Fifth District Courts of Appeal and question of great public importance certified.