Florida Real Property and Business Litigation Report
Volume XVII, Issue 36
September 7, 2024
Manuel Farach
Steines v. Westgate Palace, L.L.C., Case No. 22-14211 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202214211.pdf)
The Military Lending Act, 10 U.S.C § 987, preempts the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and precludes enforcement of the arbitration agreement in a loan given to a service member.
In Re: Amendments To Rules Regulating The Florida Bar – Chapter 3, Case No. SC2024-0029 (Fla. 2024).
(https://supremecourt.flcourts.gov/content/download/2440038/opinion/Opinion_SC2024-0029.pdf)
The Florida Supreme Court adopts changes to Rules 3-3.4 (Grievance Committees), 3-5.2 (Emergency Suspension; Interim Probation; Interim Placement on the Inactive List for Incapacity Not Related to Misconduct; and Freezing Trust Accounts), 3-5.3 (Diversion of
Disciplinary Cases to Practice and Professionalism Enhancement Programs), 3-7.2 (Procedures on Criminal or Professional Misconduct; Discipline on Determination or Judgment of Guilt of Criminal Misconduct; Discipline on Removal from Judicial Office), 3-7.4 (Grievance Committee Procedures), 3-7.5 (Procedures Before he Board of Governors), 3-7.10 (Reinstatement and Readmission Procedures), 3-7.11 (General Rules of Procedure), 3-7.12 (Disciplinary Revocation of Admission to The Florida Bar), 3-7.13 (Incapacity Not Related to Misconduct), and 3-7.16 (Limitation on Time to Open Investigation).
Meyer v. U-HAUL Co of Florida, Case No. 1D2021-3296 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2439959/opinion/Opinion_2021-3296.pdf)
Parties are not compelled to arbitrate claims not covered in the limitation to a broad arbitration agreement.
Halegua v. Lerner, Case No. 3D23-1525 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2439975/opinion/Opinion_2023-1525.pdf)
Documentary evidence (e.g., a series of unpaid checks) can establish the fixed date of loss necessary to be awarded prejudgment interest.
Mortgage Assets Management Series I Trust v. Harvey, Case No. 5D2023-2017 (Fla. 5th DCA 2024).
(https://5dca.flcourts.gov/content/download/2440068/opinion/Opinion_2023-2017.pdf)
Reverse mortgages, unlike traditional mortgages, do not have more than one or subsequent acts of default thus are not controlled by Singleton v. Greymar Associates, 882 So. 2d 1004, 1007–08 (Fla. 2004) (res judicata does not apply to subsequent acts of default in mortgage foreclosure actions).
Kinchla v. Ran Investments, LLC, Case No. 6D2023-1385 (Fla. 6th DCA 2024).
(https://6dca.flcourts.gov/content/download/2440087/opinion/Opinion_2023-1385.pdf)
The Delayed Discovery Doctrine does not apply to claims for breach of fiduciary duty.