Florida Real Property and Business Litigation Report
Volume XVII, Issue 51
December 21, 2024
Manuel Farach
Gomez v. Nichols, Case No. 3D23-1694 (Fla. 3d DCA 2024).
https://3dca.flcourts.gov/content/download/2444897/opinion/Opinion_2023-1694.pdf
A trial court may look beyond the four corners of the complaint when examining a receiver’s motion to dismiss a suit brought against him for violation of his receivership duties, and the standard of review of an order determining such a motion is abuse of discretion.
Trujillo v. Garcia, Case No. 3D24-1125 (Fla. 3d DCA 2024).
https://3dca.flcourts.gov/content/download/2444902/opinion/Opinion_2024-1125.pdf
A lis pendens should be used only when litigation directly affects the title of real property and not in cases where the plaintiff is merely seeking money damages.