Florida Real Property and Business Litigation Report
Volume XVII, Issue 11
March 16, 2024
Manuel Farach
Lindke v. Freed, Case No. 22–611 (2024).
A public official who prevents someone from commenting on the official’s social-media page engages in state action under §1983 only if the official both possessed actual authority to speak on the State’s behalf on a particular matter and purported to exercise that authority when speaking in the relevant social-media posts.
North Bay Green Investments, LLC v. Cold Pressed Raw Holdings, LLC, Case Nos. 3D22-1292 and 3D23-0311 (Fla. 3d DCA 2024).
A plaintiff in a jury trial may await the jury’s verdict to elect remedies but a plaintiff in non-jury trial must elect before judgment.
Lima v. Intermarine Investments, LLC, Case No. 3D22-1492 (Fla. 3d DCA 2024).
Enforcement of a foreign judgment is entitled to comity where the parties have been given notice and the opportunity to be heard, the foreign court had original jurisdiction, and the foreign decree does not offend the public policy of the State of Florida.
Stoppa v. Infinity The Oaks LLC, Case No. 3D23-1101 (Fla. 3d DCA 2024).
Florida Statute section 83.232(5) (court must enter a default judgment of possession if the tenant fails to deposit rent as required by order) applies only to non-residential tenancies.
Avila v. Biscayne 21 Condominium, Inc., Case No. 3D23-1616 (Fla. 3d DCA 2024).
Changing the termination provision in a declaration of condominium from 100% to 80% impermissibly alters the voting rights of unit owners as doing so eliminates the veto right inherent in a requirement of a unanimous vote.