Florida Real Property and Business Litigation Report
Volume XVII, Issue 48
November 30, 2024
Manuel Farach
City of Gulf Breeze v. Brown, Case No. SC2022-0741 (Fla. 2024).
https://supremecourt.flcourts.gov/content/download/2444075/opinion/Opinion_SC2022-0741.pdf
A municipality’s management agreement for a golf course permitted the municipality to retain extensive control of the property and operations and thus satisfied the requirement of Article VII, Section 3(a) of the Florida Constitution which provides that property owned and “used exclusively by” a municipality in order to be exempt from taxation.
Coury v. City of Tampa, Case No. 2D2023-2165 (Fla. 2d DCA 2024).
https://2dca.flcourts.gov/content/download/2444010/opinion/Opinion_2023-2165.pdf
A defendant moving for summary judgment based on the lack of evidence is not required to set forth evidence under Rule 1.510 that shows an absence of evidence to support plaintiff’s claim.
J.B. Harris, P.A. v. Virage Capital Management LP, Case No. 3D24-0334 (Fla. 3d DCA 2024).
https://3dca.flcourts.gov/content/download/2444067/opinion/Opinion_2024-0334.pdf
The stock of law firms may be levied upon by creditors, and there is no exemption from levy based on the types of cases the law firm handles.
Carbonell LLC v. North American Trading Group, Inc., Case No. 3D24-1763 (Fla. 3d DCA 2024).
https://3dca.flcourts.gov/content/download/2444084/opinion/Opinion_2024-1763.pdf
A successful bidder at a foreclosure sale is permitted to intervene in post-judgment proceedings which seek to vacate the foreclosure sale judgment.
D Electrician Technical Services, Inc. v. Tony, Case No. 4D2023-0673 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2444058/opinion/Opinion_2023-0673.pdf
An underground utility and excavation contractor license under Florida Statutes section 489.105(3)(n)) is not required for excavation related to electrical work as section 489.537(2)(a) specifically permits electrical contractors to perform excavation and other related work incidental to their electrical installations.
Grand Harbor Golf & Beach Club, Inc. v. Grand Harbor Golf Club, LLC, Case No. 4D2023-1378 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2444065/opinion/Opinion_2023-1378.pdf
Generally, a contractual duty to maintain property “in good working order, ordinary wear and tear excepted” does not include an obligation to replace assets that have aged beyond their useful life such they can no longer be repaired.
Udell v. Udell, Case No. 4D2023-1662 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2444063/opinion/Opinion_2023-1662.pdf
A contract provision cannot preclude rescission on the basis of fraud in the inducement unless the contract provision explicitly states that fraud is not a ground for rescission.