Florida Real Property and Business Litigation Report
Volume XVII, Issue 38
September 21, 2024
Manuel Farach
Turner v. Jordan, Case No. 22-13159 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202213159.pdf)
Federal courts apply comity and decline to intervene in cases involving states administering their taxing laws even if the claim is made under § 1983.
Celebrity Actors Camp, Inc. v. Bredbenner, Case No. 2D2023-1742 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2440795/opinion/Opinion_2023-1742.pdf)
Strict compliance with Florida Statute section 48.031(6)(a) (service on private mailbox) is required, including showing that the only address discoverable through public records for the corporation, its officers, directors, or registered agent was a private mailbox.
Fabre v. 4647 Block, LLC, Case No. 3D24-387 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2440889/opinion/Opinion_2024-0387.pdf)
An order titled “Final Judgment of Eviction” arising from a multi-count complaint is not “final” for appellate purposes but may be appealed as a “non-final order” under Florida Rule of Appellate Procedure 9.130.
Seritage SRC Finance, LLC v. The Town Center at Boca Raton Trust, Case No. 4D2023-0982 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2440874/opinion/Opinion_2023-0982.pdf)
Interpreting a buy-out provision in a reciprocal easement agreement, a majority of the panel applied a plain meaning test and held the word “retail” consistent with its plain meaning and concluded that, as used in the agreement, the term did “not include the proposed restaurants, entertainment services, and/or fitness clubs” that appellant proposed to develop. Additionally, the court interpreted “to be used” as “refer[ing] to anticipatory use, rather than a prior or active use.”