Florida Real Property and Business Litigation Report
Volume XVII, Issue 31
August 3, 2024
Manuel Farach
Affordable Aerial Photography, Inc. Property Matters USA, LLC, Case No. 23-12563 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202312563.pdf)
A defendant in a copyright infringement case which is voluntarily dismissed without prejudice under Federal Rule 41(a)(1)(A)(i) is not entitled to attorneys’ fees under 17 U.S.C. § 505 because it is not the prevailing party.
Walker v. Cape Food Properties, Case LLC, No. 1D2024-0062 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2438462/opinion/Opinion_2024-0062.pdf)
A trial court order imposing an injunction which fails to list all four requirements for an injunction is defective even if evidence of the missing requirement was adduced.
Loumpos v. Bank One, Case No. 2D2022-3908 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2438539/opinion/Opinion_2022-3908.pdf)
Later re-titling an account first opened by only one spouse as a “tenants by entireties” does not make the account a tenant by the entireties account that is exempt from the claims against the spouse that first opened the account.
The Duffner Family 2012 Irrevocable Trust v. The Lee R. Duffner Revocable Living Trust, Case No. 3D23-1626 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2438430/opinion/Opinion_2023-1626.pdf)
Florida Statute section 83.595 displaces the common law and requires that in circumstances in which the commencement of eviction proceedings is contemplated, the procurement of a writ of possession is a prerequisite to a landlord exercising the remedy under Florida Statute section 83.595(3) to “[s]tand by and do nothing, holding the lessee liable for the rent as it comes due.”
Boca View Condominium Association, Inc. v. Lepselter, Case No. 4D2023-1806 (4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2438433/opinion/Opinion_2023-1806.pdf)
The Fourth District reviews an award of attorneys’ fees totaling $232,170.67 for an association’s failure to deliver records upon a statutory request and lists permissible and impermissible fees.
Ward v. Citibank, N.A., Case No. 6D2023-2462 (Fla. 6th DCA 2024).
(https://6dca.flcourts.gov/content/download/2438550/opinion/Opinion_2023-2462.pdf)
A trial court may not enter an award of attorneys’ fees on oral testimony which lacks supporting documentary evidence.