Florida Real Property and Business Litigation Report
Volume XVII, Issue 2
January 13, 2024
Manuel Farach
In Re: Amendments To Florida Rules of Civil Procedure – Forms 1.996(A) And 1.996(B), Case No. SC2022-1275 (Fla. 2024).
The Florida Supreme Court amends foreclosure judgment forms to permit the correct statutory judgment rate, to include language regarding the Protecting Tenants at Foreclosure Act, and to clarify jurisdiction when there are unclaimed funds.
Pro-Karting Experience, Inc. v. 34th Street, LLC, Case No. 2D22-2577 (Fla. 2d DCA 2024).
An order which requires the payment of money but does not contain “for which let execution issue” language and which contemplates further judicial labor is not a final order capable of being appealed and must instead be reviewed by writ of certiorari.
Dejanovic v. Block, Case No. 3D22-1941 (Fla. 3d DCA 2024).
An order which resolves only part of a civil lawsuit and requires a party to make interim payment even though there remain unresolved and intertwined factual matters is remediable by writ certiorari.
John Knox Village of Central Florida, Inc. v. Estate of Alma Jane Lawrence, Case No. 5D22-1867 (Fla. 5th DCA 2024).
The Fifth District re-affirms its previous holding that a trial court does not need to make affirmative findings under Florida Statute section 768.72(1) in order to allow pleading for punitive damages.
Kirkpatrick Trust v. Lakeview Loan Services, LLC, Case No. 5D23-0152 (Fla. 5th DCA 2024)
Hearing and ruling upon an unscheduled motion during a case management conference violates the objecting party’s due process rights.