Florida Real Property and Business Litigation Report
Volume XVII, Issue 12
March 23, 2024
Manuel Farach
34th Street, LLC v. Pro-Karting Experience, Inc., Case No. 2D22-3139 (Fla. 2d DCA 2024).
Florida Statute section 82.232 is not self-executing and can only be effectuated by a court order directing a tenant to deposit money in the court registry by a date certain.
Webjet Linhas Aereas S.A. v. ZGA Aircraft Leasing, Inc., Case No. 3D22-1736 (Fla. 3d DCA 2024).
A complaint which alleges a defendant’s liability is merely constructive does not require a joint offer to attribute fault to each offeror and such joint offer does not violate Florida Statute section 768.79.
Sherman v. Gursky Ragan, P.A., Case No. 3D22-2040 (Fla. 3d DCA 2024).
The attorney for the board of a condominium owes a contractual fiduciary duty to the board but does not owe a fiduciary duty, either express or implied, to the individual unit owners.
Everett Painting Company, Inc. v. Gaga Opportunity 2501 NW 79 Street, LLC, Case No. 3D23-0411 (Fla. 3d DCA 2024).
A purchaser at a federal tax lien sale only purchases a claim to redeem a deed to the subject property and is not an “owner” as the only interest the purchaser received under federal tax law was that of the foreclosed owner.
Cauble v. Kaczmarski, Case No. 3D23-1095 (Fla. 3d DCA 2024).
Florida Statute section 64.081 does prohibit a trial court from retaining funds of a partition estate to pay fees and costs.
Echeverria v. Trombino, Case No. 4D2023-073 (Fla. 4th DCA 2024).
A trial court has discretion to award expert witness fees under Florida Statute section 92.231 to an attorney testifying as an expert witness on attorney’s fees.