Florida Real Property and Business Litigation Report
Volume XVII, Issue 20
May 18, 2024
Manuel Farach
Consumer Financial Protection Bureau v. Community Financial Services Association Of America, Ltd., Case No. 22-448 (2024).
The funding mechanism for the Consumer Financial Protection Bureau is upheld as Constitutional.
Smith v. Spizzirri, Case No. 22–1218 (2024).
The Federal Arbitration Act, 9 U. S. C. §3, mandates that courts must stay proceedings when parties agree to arbitration, provided the party requesting the stay is not in default.
In Re: Amendments To Florida Rule of Civil Procedure 1.061 and Form 1.983, Case No. SC2023-1092 (Fla. 2024).
The Florida Supreme Court removes appellate standards of review from Rule 1.061 and corrects a statutory citation in Form 1.983.
Grove Harbour Marina and Caribbean Marketplace, LLC v. Grove Bay Investment Group, LLC, Case No. 3D21-0806 (Fla. 3d DCA 2024).
Upon rehearing and applying the previous Rule 1.510 standard set forth in Holl v. Talcott, 191 So. 2d 40, 43, 47 (Fla. 1966), the Third District rules that vague sketches are not adequate for granting summary judgment on a contract in dispute over the scope and location of real estate improvements.
Rainess v. Jose Perez 1031 4, LLC, Case No. 3D22-1033 (Fla. 3d DCA 2024).
A tax collector fails to complete the additional searches required for a tax deed sale under Florida Statute section 197.522 when it fails to notify the owner at his New York address even though the tax collector had the owner’s New York address in its files.
5051 NW 37 Avenue Corp. v. IES Sales and Service, LLC, Case No. 3D23-1120 (Fla. 3d DCA 2024).
Florida Statute section 82.232 allows courts to extend payment dates for deposit of rent into court registries, but not retroactively after the payment deadline has passed.
Abreu v. Aurora Loan Services, LLC, Case No. 3D23-1319 (Fla. 3d DCA 2024).
Rule 1.540 is not designed to correct legal errors, including whether a trial court had continuing jurisdiction over a settlement agreement.
Carnevale v. Shir, Case No. 3D24-0351 (Fla. 3d DCA 2024).
Mandamus can compel the entry of routine court orders, but cannot force a court to enter an order granting summary judgment.
Mackensen v. Trace Elements, Inc., Case No. 4D2023-1707 (Fla. 4th DCA 2024).
A joint settlement proposal is enforceable when it involves a unified claim for damages without conflict among the offerors.
South Wild Olive, LLC v. Total Maintenance Services, LLC, Case No. 5D2023-1393 (Fla. 5th DCA 2024).
Florida Statute section 57.105 sanctions are justified against an unlicensed contractor who sues for breach of a construction contract, knowing it was unlicensed.