Florida Real Property and Business Litigation Report
Volume XVII, Issue 3
January 20, 2024
Manuel Farach
Wallace v. Nationstar Mortgage, LLC, Case No. 2D23-926 (Fla. 2d DCA 2024).
Business records from a third party company are admissible under Florida Statute section 90.803(6)(a) so long as there is a business relationship between the proponent of the records and the third party and the proponent can verify the accuracy of the records.
Parque Towers Developers, LLC v. Pilac Management, Ltd., Case Nos. 3D21-1365, 3D21-1366, 3D21-1367, 3D21-1368, & 3D21-1369 (Fla. 3d DCA 2024).
A developer cannot be held responsible under breach of contract for failure to timely deliver completed condominium units when the pre-construction condominium sales contract states “[s]eller estimates it will substantially complete construction of the Unit, in the manner specified in this Agreement, by December 31, 2017, subject to extensions resulting from ‘Force Majeure’ (the ‘Outside Date’).”
Irwin v. Signal Safe, Inc., Case No. 3D22-2121 (Fla. 3d DCA 2024).
Florida Constitution Article X, Section 13 and Florida Statute section 768.28(1) provide that absent scienter, state employees are insulated from personal liability for torts committed within the scope of employment but suits against the State may continue within sovereign immunity limits.
Rushmore Loan Management Services, LLC v. Kavoll, Case Nos. 4D2022-3446 & 4D2023-1234 (Fla. 4th DCA 2024).
A party objecting to the opposing party’s substantial compliance with a condition precedent must establish how they were prejudiced by the lack of complete compliance.
Paquin v. Campbell, Case No. 5D22-2859 (Fla. 5th DCA 2024).
Non-signatories may be bound to arbitrate under agreements they did not sign under theories of incorporation by reference, assumption, agency, veil piercing/alter ego, and estoppel.
Wilde Cypress Branch v. Hamilton, Case No. 6D23-1412 (Fla. 6th DCA 2024).
Florida Statutes section 403.412(9)(a) precludes a “local government regulation, ordinance, code, rule, comprehensive plan, charter, or any other provision of law” from “recogniz[ing] or grant[ing] any legal rights to a plant, an animal, a body of water, or any other part of the natural environment that is not a person or political subdivision.”