Florida Real Property and Business Litigation Report
Volume XVIII, Issue 1
January 4, 2025
Manuel Farach
CNJ Realty Associates, LLC v. Yankiv, Case No. 2D2023-2132 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2445485/opinion/Opinion_2023-2132.pdf
A full signature is not necessary to bind a party to a contract as “a set of initials is just as effective to bind a party to an agreement as would be a full signature [because] there is no material difference whether a party to a contract executes it by affixing his initials or his complete signature.”
Illinois Union Insurance Company v. McGinley, Case No. 2D2023-2260 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2445486/opinion/Opinion_2023-2260.pdf
A court cannot create jurisdiction by adding new parties and new claims after final judgment.
Bandklayder Development, LLC v. Sabga, Case No. 3D23-1906 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2445406/opinion/Opinion_2023-1906.pdf
The measure of damages for breach of a construction contract is the cost to make the defective work comply with the contract on the date of breach.
Pardes v. Pardes, Case No. 3D24-1947 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2445421/opinion/Opinion_2024-1947.pdf
A private judge appointed pursuant to Florida Statute section 44.104 who has entered an order of entitlement to attorney’s fees inherently retains jurisdiction to decide the quantum of attorney’s fees without a specific order extending his jurisdiction to do so.