Florida Real Property and Business Litigation Report
Volume XVIII, Issue 21
May 24, 2025
Manuel Farach
Kousisis v. United States, Case No. 23–909 (2025).
https://www.supremecourt.gov/opinions/24pdf/23-909_f2q3.pdf
A defendant who induces a party to enter into a contract under materially false pretenses may be convicted of federal fraud even if the defendant did not cause or seek to cause economic loss to the victim.
Merritt Island Woodwerx, LLC v. Space Coast Credit Union, Case No. 24-10019 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202410019.pdf
A party that stymies a complainant in its attempts to compel arbitration cannot be later heard to complain if the complainant engages in litigation.
Tillman Nature Preserve LLC v. Babush, Case No. 2D2024-1264 (Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2452280/opinion/Opinion_2024-1264.pdf
The Quiet Title Act, Florida Statutes Chapter 75, leaves it to the plaintiff the defendants against who it wishes to litigate quiet title claims against and bind, and accordingly, does not list indispensable parties to such an action.
Ammirabile v. Admiral’s Port Condominium Association, Inc., Case No. 3D24-0470 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2452315/opinion/Opinion_2024-0470.pdf
A defendant pleading a Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993), defense does not admit liability by doing so and does not relieve a plaintiff from proving their case against the defendant.