Florida Real Property and Business Litigation Report
Volume XVIII, Issue 7
February 15, 2025
Manuel Farach
Osborne v. Walton County, Case No. 1D2021-3898 (Fla. 1st DCA 2025).
https://1dca.flcourts.gov/content/download/2447207/opinion/Opinion_2021-3898.pdf
Governmental action under the public notice requirements of Florida Statute section 125.66 must be redone if the new action to be taken is materially different than that action originally noticed.
Smith v. Lynch, Case No. 2D2023-1376 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2447347/opinion/Opinion_2023-1376.pdf
Sellers of residences must disclose flood incidents to home buyers under Johnson v. Davis; Nelson v. Wiggs, 699 So. 2d 258 (Fla. 3d DCA 1997), is distinguished on its facts and does not create an exclusion to the duty to disclose.
U.S. Bank Home Mortgage v. Boivin, Case No. 2D2023-2239 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2447348/opinion/Opinion_2023-2239.pdf
A purchaser at foreclosure sale has no right to claim priority over an existing mortgagee on the basis of laches solely because the mortgage is in default and the existing mortgagee has not foreclosed.
Fernandez v. Old Republic National Title Insurance Company, Case No. 3D23-1088 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2447261/opinion/Opinion_2023-1088.pdf
A title insurer typically has no duty to defend tortious interference and conspiracy claims but, depending on the claims asserted in the complaint, may have a duty to defend rescission claims.
Parmenia LLC v. Fondo de Inversión Stella, Case No. 3D24-0111 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2447249/opinion/Opinion_2024-0111.pdf
A putative transferee in a declaratory judgment action to determine whether the transfer was proper is an indispensable party to the suit.