Florida Real Property and Business Litigation Report
Volume XVIII, Issue 22
May 31, 2025
Manuel Farach
Seven County Infrastructure Coalition v. Eagle County, Case No. 23–975 (2025).
https://www.supremecourt.gov/opinions/24pdf/23-975_m648.pdf
Loper Bright Enterprises v. Raimondo, 603 U. S. 369, holds that court are not to defer to administrative agencies on legal questions but Seven County reinforces that it is proper for courts to defer to agencies on factual and procedural matters within agency expertise.
InClaim, LLC v. Structural Wrap, LLC, Case No. 3D24-1082 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2452574/opinion/Opinion_2024-1082.pdf
The lack of personal service implicates due process concerns so a plaintiff who uses constructive service must strictly comply with statutory requirements and a trial court is required to determine whether the affidavit of search is legally sufficient and also whether the plaintiff conducted an adequate search to locate the defendant.
Veizaga v. Labrador, Case No. 3D24-1207 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2452570/opinion/Opinion_2024-1207.pdf
Florida Statute section 605.0106(8)(a)(2) of the Revised Limited Liability Company Act holds that a “written operating agreement or other record” may admit a person “as a member of a limited liability company . . . or [confer] other rights or powers of a member to the extent assigned . . . [w]ithout the execution of the operating agreement” if the person “orally, in writing, or by other action such as payment for a limited liability company interest complies with the conditions for becoming a member or transferee as provided in the operating agreement.”
Gallery One Condominium Association, Inc. v. Terrace Gallery, LLC, Case No. 4D2023-2681 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2452552/opinion/Opinion_2023-2681.pdf
The statute of limitations time period for an action to declare community association covenants as invalid run from the date of the recording of the covenants and not from the time a property owner acquires their unit.