Florida Real Property and Business Litigation Report
Volume XVIII, Issue 15
April 12, 2025
Manuel Farach
Watts v. Joggers Run Property Owners Association, Inc., Case No. 22-13763 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202213763.pdf
Section 3604(b) of the Fair Housing Act applies post-acquisition of real property, H.O.A. rules and amenities fall within the FHA’s scope, and civil rights applies to H.O.A. relationships.
Washington v. Persolve Recoveries, LLC, Case No. 2D2024-0311 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2450338/opinion/Opinion_2024-0311.pdf
A court may adopt one party’s version of a competing order so long as the court exercised independent judgment in executing the order.
84 Shopping Plaza Corporation v. Bru’s Room Bird Road, LLC, Case No. 3D23-1205 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2450216/opinion/Opinion_2023-1205.pdf
A trial court has no inherent authority to excuse a tenant in possession from paying rent for the remainder of a lease term due to a landlord’s breach.
Devolro Inc. v. Kungeibayev, Case No. 3D23-2237 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2450228/opinion/Opinion_2023-2237.pdf
A trial court’s denial of a motion for summary judgment is rendered harmless error if a jury verdict awards in the same manner as sought in the summary judgment motion.
Miami Dolphins, Ltd. v. Engwiller, Case No. 3D24-0605 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2450234/opinion/Opinion_2024-0605.pdf
An attendee to a ticketed sporting event is bound under equitable estoppel principles to the same conditions as the ticket holder when attending the sporting event, including being bound to arbitrate any claims against the issuer of the ticket.