Florida Real Property and Business Litigation Report
Volume XVIII, Issue 18
May 3, 2025
Manuel Farach
KAC 2021-1, LLC v. Hudson Sfr Property Holdings, LLC, Case No. 2D2023-1024 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2451353/opinion/Opinion_2023-1024.pdf
The Landlord Tenant Act does not fall squarely within the statutory exemptions to the Florida Consumer Collections Practices Act as set forth in Florida Statute section 559.55(7), and accordingly, it is error to dismiss a complaint on this basis when the complaint that does not contain sufficient facts to bring the claim within the exemptions.
Lamaze v. Guthrie, Case No. 4D2023-2885 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2451228/opinion/Opinion_2023-2885.pdf
A trial court must provide a corporation with a reasonable opportunity to obtain new counsel “when a motion to withdraw is granted, even when the withdrawal occurs on the
eve of trial,” and the time period to obtain counsel runs from the date of order permitting withdrawal and not from date of request.
Park Crossing Homeowners Association, Inc. v. Suarez, Case No. 4D2023-3116 (Fla. 4th DCA 2025).
file:///C:/Users/mfara/OneDrive/Desktop/Fair%20Housing.pdf
A community association’s pre-suit demand for mediation is not such a realistic threat of eviction sufficient to support a claim under 42 U.S.C. § 3604(f)(1) of the Fair Housing Act.
Fakhoury v. Pintaluga, Case No. 4D2024-1894 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2451241/opinion/Opinion_2024-1894.pdf
A defendant can be compelled to arbitration tort clams when the the tort claims are inextricably intertwined with operating agreements which contain arbitration provisions.