Florida Real Property and Business Litigation Report
Volume XVIII, Issue 19
May 10, 2025
Manuel Farach
Otto Candies, LLC v. Citigroup Inc., Case No. 23-13152 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202313152.pdf
The Private Securities Litigation Reform Act’s standard of “strong inference” of actual knowledge for securities fraud should not be applied to common law fraud claims, but instead knowledge and other conditions of a person’s mind may be generally alleged under Federal Rule of Civil Procedure 9(b).
Berg v. Scurry, Case No. 2D2024-0845 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2451588/opinion/Opinion_2024-0845.pdf
A prevailing party designation and entitlement to attorney’s fees are interrelated but not identical determinations, and a party seeking fees must file a under Rule 1.525 unless the final judgment unequivocally determines entitlement to fees.
Davide v. AD Capital Collections, LLC, Case Nos. 3D23-0595; 3D23-1463; 3D24-0667 & 3D24-1531 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2451603/opinion/Opinion_2023-0595.pdf
A retirement account that is funded with assets from a different retirement account that was disqualified under the Internal Revenue Code is likewise disqualified as an exempt retirement account and neither account is exempt from claims of creditors under Florida Statute section 222.21(2)(a).
569 NW 54th Street, LLC v. City of Miami, Case No. 3D24-1473 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2451619/opinion/Opinion_2024-1473.pdf
A party dissatisfied with an enforcement board special magistrate’s order can either appeal that order or choose to be bound by it and bring a later action for inverse condemnation, however, it cannot attack the correctness of the order in the inverse condemnation case.
Michelis v. Nugent, Case No. 4D2024-0521 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2451595/opinion/Opinion_2024-0521.pdf
Florida Statute section 83.67(6) (“A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees.”) does not authorize a prevailing tenant be awarded “fees for fees” under the guise that fees are “costs” awarded by the statute.