Florida Real Property and Business Litigation Report
Volume XVII, Issue 28
July 13, 2024
Manuel Farach
In Re: Amendments To Florida Rules of Civil Procedure – 2023 Legislation, Case No. SC2023-1677 (Fla. 2024).
The Florida Supreme Court adopts a form complaint to quiet title in response to the enactment of Florida Statute section 65.091 (right to summary procedure in actions to quiet title based on a fraudulent attempted conveyance).
F.V. de Araujo S.A. Madeiras, Agricultora, Industria e Comercio v. Dantzler Lumber & Export Co., Case No. 3D22-1618 (Fla. 3d DCA 2024).
An out of country judgment sought to be recognized pursuant to Florida’s Uniform Out-of-Country Foreign Money-Judgment Recognition Act, Florida Statute sections 55.601-07, must be a final judgment and must contain a money component.
Valdes v. City of Marathon, Case No. 3D23-1484 (Fla. 3d DCA 2024).
Appellate court analysis under second-tier certiorari is limited to reviewing the circuit court and not the lower tribunal proceedings, i.e., there is no review whether the decision of the lower tribunal was supported by substantial competent evidence, and whether there was departure from the essential requirements of law, i.e., a violation of law which results in a miscarriage of justice that is more than simple legal error.
Distressed Investments, LLC v.US Bank Trust, N.A. Case No. 4D2023-190 (Fla. 4th DCA 2024).
A lender is entitled to disbursement of surplus sale proceeds as reimbursement for additional post-judgment advances so long as the final judgment retained jurisdiction to enter such post-judgment orders and the request was made prior to the clerk filing the Certificate of Disbursements.