Florida Real Property and Business Litigation Report
Volume XVII, Issue 7
February 17, 2024
Manuel Farach
Department of Agriculture Rural Development Rural Housing Service v. Kirtz, Case No. (2024).
A consumer may sue a federal agency for violating the Fair Credit Reporting Act.
Haskell v. PCP Group, LLC, Case No. 2D22-180 (Fla. 2d DCA 2024).
The following provision in an operating agreement applies only when a member attempts to transfer ownership and not when a divorce court deems one spouse the owner of membership units:
(e) Divorce. The attempt by a Member or his or her spouse . . . to Transfer any Units . . . pursuant to any court order issued or court ordered property settlement agreement entered into in connection with, a suit for dissolution of marriage, legal separation or any similar status.
Darst v. West Coast Group Enterprises, LLC, Case No. 2D22-2455 (Fla. 2d DCA 2024).
A trustee may not appear pro se for a trust.
Desbrunes v. US Bank National Association, Case No. 4D2022-264 (Fla. 4th DCA 2024).
If a defendant borrower dies during the pendency of foreclosure case, Florida Rule of Civil Procedure 1.260 requires the plaintiff open an estate and substitute the personal representative in place of the deceased borrower.
Ningbo Daye Garden Machinery Co., Ltd. International Global Resources Corp., Case No. 4D2023-0803 (Fla. 4th DCA 2024).
The following is a choice of law provision and not a forum selection clause: “The within Agreement shall be governed by the laws of the State of Florida, Martin County. In the event that an action arises by virtue of this agreement, the prevailing party will be entitled to reimbursement of all reasonable attorney fees and costs incurred in such action.”
Yatak v. La Placita Grocery of Fort Pierce Corp., Case No. 4D2023-1102 (Fla. 4th DCA 2024)
Unless there is a duty to disclose under a fiduciary or other trust or confidence relationship, intentional concealment or nondisclosure of known material facts in a commercial real estate transaction is not actionable.