Florida Real Property and Business Litigation Report
Volume XVII, Issue 16
April 20, 2024
Manuel Farach
Devillier v. Texas, Case No. 22–913 (2024).
The Taking Clause of the Fifth Amendment is self-executing with regard to compensation.
RJ’S International Trading, LLC v. Crown Castle South, LLC, Case No. 22-11977 (11th Cir. 2024).
The Eleventh Circuit certifies to the Florida Supreme Court the question of whether an attorney’s fees provision in a recorded easement runs with the land.
In Re: Amendments To Rules Regulating The Florida Bar – Chapter 6, Case No. SC2024-0031 (Fla. 2024).
The Florida Supreme Court adopts changes to Rules Regulating The Florida Bar 6-3.14 (Sunset of Certification Areas), 6-10.2 (Administration), 6-10.4 (Reporting Requirements), 6-12.1 (Basic Skills Course Requirement), 6-12.2 (Administration), 6-12.5 (Noncompliance and Sanctions), 6-12.6 (Reinstatement), 6-12.7 (Confidentiality), and 6-12.8 (Disciplinary Action).
OptumRx v. King’s Drugs, Inc., Case No. 2D2023-0096 (Fla. 2d DCA 2024).
State courts have jurisdiction over cases controlled by the Federal Arbitration Act and 9 U.S.C. § 4 (2018) of the FAA authorizes state as well as district courts to compel arbitration.
Lyons Heritage of Tampa, LLC v. Phillips, Case No. 2D2023-1313 (Fla. 2d DCA 2024).
A final judgment which contains a general reservation of jurisdiction to enter further orders but does not specifically find entitlement to attorney’s fees does not extend the thirty-day requirement of Florida Rule of Civil Procedure 1.525 to file a motion for entitlement within thirty days of judgment.
Grossfeld v. Security National Mortgage Company, Case No. 3D23-600 (Fla. 3d DCA 2024).
A mortgage on entireties property signed by only one spouse is not effective but becomes effective if the property loses its entireties character, and accordingly, is effective after foreclosure when the property has lost is entireties character.
Blue Water Coast Services, LLC v. Maize, Case No. 4D2022-252 (Fla. 4th DCA 2024).
A trial court is not permitted to reverse a jury verdict based on juror emotions, mental processes, or mistaken understanding of the effect of the verdict.
HCA Health Services of Florida, Inc. v. Berlin, Case No. 4D2022-2652 (Fla. 4th DCA 2024).
So long as a motion under Florida Rule of Civil Procedure 1.525 was timely filed, failure to timely set the motion for hearing does not waive the right to claim fees.