Florida Real Property and Business Litigation Report
Volume XVIII, Issue 8
February 22, 2025
Manuel Farach
Fowler v. Burnham, Case No. 1D2023-1102 (Fla. 1st DCA 2025).
https://1dca.flcourts.gov/content/download/2447550/opinion/Opinion_2023-1102.pdf
Parties seeking to enforce a restrictive covenant is not required to prove irreparable harm, and instead the party challenging enforcement is instead required to prove defensive matters once the violation has been established.
Hamad v. Sarsour, Case No. 3D24-2285 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2447623/opinion/Opinion_2024-2285.pdf
The inability to obtain a judgment supports injunctive relief but the inability to possibly collect on a judgment does not.
The Bank of New York Mellon Lopez, Case No. 4D2024-570 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2447582/opinion/Opinion_2024-0570.pdf
A debtor has no standing to object to indorsements on negotiable instruments.
Hamlin v. Shaughnessy Overland Express, Inc., Case No. 6D2023-2726 (Fla. 6th DCA).
https://6dca.flcourts.gov/content/download/2447719/opinion/Opinion_2023-2726.pdf
The Sixth District holds that motions to vacate Rule 1.420 dismissals for failure to prosecute dismissals can be based on Florida Rule of Civil Procedure 1.540(b)(1); conflict certified with Lesinski v. South Florida Water Management District, 226 So. 3d 964, 968 (Fla. 4th DCA 2017).