Florida Real Property and Business Litigation Report
Volume XVII, Issue 17
April 27, 2024
Manuel Farach
Holden v. Holiday Inn Club Vacations Incorporated, Case No. 22-11014 (11th Cir. 2024).
A report to a credit agency is not violative of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681s-2 if it arises from a contractual dispute which a credit agency cannot objectively and readily verify.
KMG Properties, LLC v. Owl Construction, LLC, Case No. 2D2023-1769 (Fla. 2d DCA 2024).
Florida Statute section 48.191(3) allows a process server to serve any representative of the registered agent but service under section 49.193(4) (when registered agent “is temporarily absent from his or her office”) requires service on an employee of the registered agent.
Tower Hotel, LLC v. City of Miami, Case No. 3D23-0285 (Fla. 3d DCA 2024).
While equitable estoppel is sparingly applied to governmental entities, its use is permitted when the ability to issue permits to avoid demolition within a time frame lies with the governmental entity and the entity was responsible for the delay.