Florida Real Property and Business Litigation Report
Volume XVII, Issue 24
June 15, 2024
Manuel Farach
Vidal v. Elster, Case No. 22–704 (2024).
The Lanham Act’s names clause does not violate the First Amendment.
United States Trustee v. John Q. Hammons Fall 2006, LLC, Case No. 22–1238 (2024).
Prospective parity is the appropriate remedy for the short-lived issues created by the trustee fee statute held unconstitutional in Siegel v. Fitzgerald, 596 U. S. 464 (lack of uniformity in trustee fees violates the Constitution).
Daugherty v. McDavid, Case No. 1D2022-2559 (Fla. 1st DCA 2024).
Florida Statute section 95.12 (“No action to recover real property or its possession shall be maintained unless the person seeking recovery . . . was seized or possessed of the property within 7 years before the commencement of the action.”) does not apply to easements.
Destin Fishing Fleet, Inc. v. City of Destin, Case No. 1D2023-0477 (Fla. 1st DCA 2024).
Florida Statute section 70.001(6)(c)2, the attorney’s fees provision of the Bert J. Harris, Jr., Private Property Rights Protection Act, requires the trial court to make a finding that the local government made a bona fide offer that would have resolved the dispute fairly to the landowner before awarding fees to the local government.
The Ferraro Law Firm, P.A. v. Royal Merchant Holdings, LLC, Case No. 3D22-1851 (Fla. 3rd DCA 2024).
An arbitrator permitting, without notice, an affirmative defense to “morph” into an affirmative claim violates fundamental fairness principles and results in the vacatur of the arbitration award.
Vazquez v. City of Hallandale Beach, Case No. 4D2023-0833 (Fla. 4th DCA 2024).
Restrictive covenants are not property interests that must be compensated when taken by eminent domain.