Florida Real Property and Business Litigation Report
Volume XVIII, Issue 17
April 26, 2025
Manuel Farach
Johnson v. Carroll Oaks Homeowners Association, Inc., Case No. 2D2024-0631 (Fla 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2450992/opinion/Opinion_2024-0631.pdf
A prevailing party in homeowner’s association whose governing documents have a prevailing party attorney’s fees provision is not automatically entitled to an award of fees; the prevailing party must prove the litigation was one for which fees are provided under the documents.
Kaster Lynch Farrar & Ball, LLP v. Clyde & Co., U.S., LLP, Case No. 3D23-1747 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2450858/opinion/Opinion_2023-1747.pdf
A paying party has an affirmative duty to notify the issuer of a charging lien of settlement and to protect the party’s interest when disbursing funds; failing to list the charging lien party as a payee on the settlement check fails to do so.
Nowicki v. Get Wet Watersports, Inc., Case No. 4D2024-107 (Fla 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2450810/opinion/Opinion_2024-1077.pdf
Based on the instruction of Florida Statute section 682.03(1)(b) for a trial court to “proceed summarily to decide” issues on motions to compel arbitration, the party seeking to compel arbitration need not formally authenticate the non-movant’s electronic signature on the electronic contract.
Martinez v. City of Lantana, Case No. 4D2024-118 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2450816/opinion/Opinion_2024-1187.pdf
A homeowner filing as-applied Constitutional challenges to code enforcement liens must show the issue was raised in the first “appeal” from the code enforcement board to the circuit court, and must show for facial challenges that the code enforcement ordinances were invalid under all circumstances.