Florida Real Property and Business Litigation Report
Volume XVII, Issue 34
August 24, 2024
Manuel Farach
Colby v. Zicarelli, Case No. 1D2023-1135 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2439402/opinion/Opinion_2023-1135.pdf)
A defendant in an eviction for unpaid rent need not deposit into the court registry if she alleges she has paid the rent; deposit into the registry is necessary only when the defendant tenant interposes a defense other than payment.
Progressive Select Insurance Company v. Hilchey, Case No. 2D2022-3466 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2439367/opinion/Opinion_2022-3466.pdf)
The Second District distinguishes the decisions of other courts to the extent they stand for the proposition that a court lacks jurisdiction to enter an order determining that a plaintiff is not entitled to declaratory relief or to enter an order memorializing a confession of judgment when a declaratory judgment case is or becomes moot for lack of a justiciable controversy.
Gershenbaum v. Wind Condominium Association Inc., Case No. 3D23-0970 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2439409/opinion/Opinion_2023-0970.pdf)
An individual who owns his condominium unit through a limited liability company does not have standing to bring suit against the association as only a unit owner can bring suit against a condominium association for damage to the owner’s unit.
Taxinet Corp. v. Noboa, Case No. 22-12335 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202212335.pdf)
Damages for an unjust enrichment claim are calculated as either the market value of the services or the value of the services to the party unjustly enriched but not the amount the plaintiff hoped to receive or the cost to the plaintiff.