Florida Real Property and Business Litigation Report
Volume XVII, Issue 5
February 3, 2024
Manuel Farach
American Coastal Insurance Company v. San Marco Villas Condominium Association, Inc., Case No. SC2021-0883 (Fla. 2024).
A court can compel an insurance appraisal even if coverage issue remain outstanding.
Q.G.S. Development, Inc. v. National Lining Systems, Inc., Case No. 3D22-699 (Fla. 3d DCA 2024).
The factual findings of a trial judge in a bench trial are entitled to the weight of a jury verdict.
Selz v. McKagen, Case 4D2023-0099 (Fla. 4th DCA 2024).
Pleading punitive damages requires a plaintiff demonstrate specific intent by the defendant, i.e., requires plaintiff to show more than the defendant “knew or should have known” of the wrongfulness of their conduct.
City of Delray Beach v. DeLeonibus, Case No. 4D2023-012 (Fla. 4th DCA 2024).
Equitable estoppel cannot compel local government to abide by a building permit it issued when the government official had no authority to issue the permit, i.e., the permit was void when issued.
Dozier v. Scruggs, Case No. 5D23-0594 (Fla. 5th DCA 2024).
A mediated settlement agreement which requires one party to provide an easement is enforceable even if the settlement agreement does not contain a timeframe to provide the easement.
Xiang v. Ocala Heart Clinic II, LLC, Case No. 5D23-1402 (Fla. 5th DCA 2024).
A party may be the prevailing party for purposes of attorney’s fees even if it fails to prove damages, i.e., fails to prevail, on its breach of contract claim.