Florida Real Property and Business Litigation Report
Volume XVII, Issue 13
March 30, 2024
Manuel Farach
Capalongo v. Deutsche Bank National Trust Company, Case No. 2D22-3750 (Fla. 3d DCA 2024).
A spouse need not join in a mortgage if the spouse signs a valid waiver of their homestead rights; the word “join” in Article X, Section 4 describes the joining spouse and does not require the waiver to be attached to the mortgage.
Rudnikas v. Gonzalez, Case No. 3D23-975 (Fla. 3d DCA 2024).
A disinherited adult child does not have standing to petition for determination of homestead on the basis that he is a potential heir of the devisee of the real property.
The Marbella Condominium Association, Inc. v. Josepher, Case No. 4D2023-1192 (Fla. 4th DCA 2024).
In derivative actions filed involving condominium associations organized pursuant to Florida Statutes Chapter 718, an award of prevailing party attorney’s fees is governed by Florida Statute section 718.303(1) and not section 617.07401(5).