Florida Real Property and Business Litigation Report
Volume XVII, Issue 4
January 27, 2024
Manuel Farach
Shrewsbury v. Childers, Case No. 1D2023-0750 (Fla. 1st DCA 2024).
A lessee under a 99-year land lease who contests whether he, as a lessee, sufficiently “owns” real property to be assessed ad valorem taxes must still contest the tax valuation within sixty days as set forth in Florida Statute section 194.171(2) and may not merely rely on his claim he is not an owner.
Driscoll v. Knellinger, Case No. 2D23-459 (Fla. 2d DCA 2024).
Actions taken in the corporate context and before any litigation commences are not protected by the litigation privilege.
Palanchian v. Windstone Property Owners Association, Inc., Case No. 4D2022-2939 (Fla. 4th DCA 2024).
A community association cannot be compelled to comply with a settlement agreement ot which it was not a party, which does not run with the land, and which was not clearly intended to impact third parties.
U.S. Bancorp v. Taharra Assets 5545, Inc., Case No. 4D2022-311(Fla. 4th DCA 2024).
The property owner at the time a lis pendens is filed is an indispensable party to the foreclosure action and remains so even if the owner later transfers their interest.
Phoenix Management Services, Inc. v. Waterchase Homeowners’ Association, Inc., Case No. 4D2023-174 (Fla. 4th DCA 2024).
A dispute over business records, including one where a management company refuses to turn documents over to a community association, typically does not arise to the level of permitting punitive damages.