Florida Real Property and Business Litigation Report
Volume XVII, Issue 50
December 14, 2024
Manuel Farach
In Re: Certification of Need For Additional Judges, Case No. SC2024-1721 (Fla. 2024).
https://supremecourt.flcourts.gov/content/download/2444685/opinion/Opinion_SC2024-1721.pdf
The Florida Supreme Court certifies the need for two additional judges for the district courts of appeal, twenty-three circuit judges, and twenty-five county judges.
Quintana v. Rodriguez Family Investment Partnership, LLLP, Case No. 3D23-968 (Fla. 3d DCA 2024).
https://3dca.flcourts.gov/content/download/2444608/opinion/Opinion_2023-0968.pdf
Post-maturity payments do not automatically toll the operation of Florida Statute section 95.281 (mortgages must be foreclosed within five years of maturity or twenty years if maturity is unascertainable).
Ofer v. Ajar Holdings, LLC, Case No. 3D24-1852 (Fla. 3d DCA 2024).
https://3dca.flcourts.gov/content/download/2444610/opinion/Opinion_2024-1852.pdf
Florida Rule of Civil Procedure 1.420(a)(1) prohibits a party from escaping a court conservatorship over real property by filing a Notice of Voluntary Dismissal.
Celsius Holdings, Inc. v. Strong Arm Productions, USA, Inc., Case No. 4D2023-0452 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2444624/opinion/Opinion_2023-0452.pdf
Damages for breach of contract to deliver stock are typically measured on the date of breach but may be measured at another date when there exist extraordinary circumstances.
Massachusetts Educational Financing Authority v. Fernandez, Case No. 4D2024-0288 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2444632/opinion/Opinion_2024-0288.pdf
A county court ruling in a lawsuit which contains multiple independent claims, each of which is within the statutory amount of the county court, has subject matter jurisdiction to enter a judgment on all the independent claims even if the total dollar amount of the judgment is in excess of its statutory authority.