Florida Real Property and Business Litigation Report
Volume XVIII, Issue 6
February 8, 2025
Manuel Farach
Barat v. Navy Federal Credit Union, Case No. 24-10630 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202410630.pdf
A denial of credit does not violate the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691–1691f even if it is factually incorrect; the denial merely has to clearly state the basis for denial so that the applicant can take remedial action.
Glover v. Ocwen Loan Servicing, LLC, Case No. 23-12578 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202312578.pdf
Charging consumers additional fees for making expedited mortgage payments online or by phone violates the Fair Debt Collection Practices Act.
In Re: Amendments To Florida Rules of Civil Procedure, Case No. SC2024-0774 (Fla. 2025).
Florida Rules of Civil Procedure 1.070, 1.410, and 1.550 are amended to remove the word praecipe and other overly formal technical legal terminology, Rule 1.730 is amended to delete the requirement that counsel for each party must sign a court ordered mediation agreement and to allow a party’s representative having full authority to settle under Rule
1.720(c) (Mediation Procedures; Party Representative Having Full Authority to Settle) to sign in place of the party.
Alachua Today, Inc. v. DW Ashton Catery, Inc., Case No. 1D2024-0820 (Fla. 1st DCA 2025).
https://1dca.flcourts.gov/content/download/2446826/opinion/Opinion_2024-0820.pdf
While deposing the opposing party’s attorney is typically not permitted, an attorney who is a fact witness as to the location of an easement and the disputes surrounding the easements may be questioned on non-privileged matters.
Shands v. City of Marathon, Case No. 3D21-1987 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2446825/opinion/Opinion_2021-1987.pdf
The existence of transfer of development rights do not impact the decision whether a categorical taking under Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), occurred but instead impact the damages arising from the taking.
Dafero Investments, LLC v. Estrella De Oro, LLC, Case Nos. 3D23-1043 & 3D23-1172 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2446834/opinion/Opinion_2023-1043.pdf
A tax deed sale that complies with all statutory notice requirements is not invalid for failure of the tax collector to search public records for the name of the corporation’s registered agent.
Denis v. Seasons Gardens Senior Residence, LLC, Case No. 3D23-1764 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2446832/opinion/Opinion_2023-1764.pdf
An appellate court has no jurisdiction to entertain an appeal setting aside non-final default orders because such orders are not appealable under Rule 9.130(a)(3) nor under Rule 9.130(a)(5).