Bank of America Corp. v. City of Miami, Case No. 15–1111 (2017).
A municipality has standing as “aggrieved person” under the Fair Housing Act, 42 U. S. C. §§3604(b), 3605(a), and may state a cause of action against a lender for discriminatory lending practices under the statute.Mathers v. Wakulla County, Case No. 1D16-0852 (Fla. 1st DCA 2017).
Maintenance of a roadway under the requirements of Florida Statute section 95.361, not acceptance by a county, satisfies the requirements for statutory dedication of a roadway to a county. Additionally, private parties may invoke this statute section to argue that maintenance by a county has resulted in the dedication as a public roadway.Andrea v. HSBC Bank, USA, National Association, Case No. 2D15-433 (Fla. 2nd DCA 2017).
A party need have personal knowledge that the requirements of Florida Statute section 90.803(6) were met, but there must be evidence the requirements were met.Armao v. McKenney, Case No. 4D16-19 (Fla. 4th DCA 2017).
Oral cohabitation agreements that affect real property are enforceable in Florida and are not required to comply with the Statute of Frauds to be enforceable.Kaplan v. Epstein, Case No. 4D16-1834 (Fla. 4th DCA 2017).
Review of voluntary binding arbitration beyond the circuit court is barred by Florida Statutes section 44.104 unless a constitutional issue is raised.Villasol Community Development District v. TC 12, LLC, Case No. 5D16-774 (Fla. 5th DCA 2017).
A governmental unit waives sovereign immunity for the wrongful effects of an injunction when it takes affirmative steps to obtain the injunction.Peebles v. Puig, Case No. 3D15-2237 (Fla. 3rd DCA 2017).
Matters already covered in a contract are not actionable in fraud. Moreover, fraud damages must be separate and distinct from breach of contract damages.Clark v. Bluewater Key RV Ownership Park Property Owners Association, Inc., CaseNo. 3D16-1645 (Fla. 3rd DCA 2017).
Even though residential in use, the renting of residential r.v. spaces to “work campers” violates a “no businesses restriction” in restrictive covenants.Kindred Nursing Centers LimitedPartnership v. Clark, Case No. 16–32 (2017).
State laws which treat arbitration provisions differently than other contractual provisions are violative of the Federal Arbitration Act, 9 U. S. C. §2.Midland Funding, LLL v. Johnson, Case No. 16–348 (2017).
The filing in bankruptcy court of a proof of claim that is time barred under state law is not afalse, deceptive, misleading, unfair, or unconscionable debt collectionpractice within the meaning of the Fair Debt Collection Practices Act.Fourth Estate Public Benefit Corporation v. Wall-Street.Com, LLC, Case No. 16-13726 (11th Cir. 2017).
Registration of a copyright (registration being a condition precedent to instituting suit for infringement) occurs when the Registrar of Copyrights “register[s] the claim,” 17 U.S.C. § 410(a), and not upon applying for registration.Landmark a Crescent Ridge LP v. Everest Financial, Inc., Case No. 1D16-4532 (Fla. 1st DCA 2017).
A writ of certiorari cannot be taken from an order denying a motion to dissolve a lispendens as any potential harm can be remedied on direct appeal.Polk County v. Highlands-In-The-Woods, L.L.C., Case No. 2D15-5642 (Fla. 2nd DCA 2017).
A proposal for settlement applies in a suit seeking inverse condemnation, including declaratory relief, where the main component of the suit is a claim for damages.Fritz v. Fritz, Case Nos. 3D16-479 and 3D16-2229 (Fla. 3rd DCA 2017).
The Third District adopts the Fourth District’s Karten v. Woltin, 23So. 3d 839 (Fla. 4th DCA 2009), decision and holds that excessive payments, mismanagement and waste do not constitute the type of individualized harm necessary to allow the filing of adirect (as opposed to a derivative) action under Florida Statute section 607.07401 notwithstanding that the mismanagement and waste affect the value of shares owned byall the shareholders.Ventures Trust 2013-I-Nh v. Johnson,Case No. 5D16-1020 (Fla. 5th DCA 2017).
A cause of action for mortgage foreclosure accrues the day after a mortgage payment is missed, not upon acceleration of the amounts due under the mortgage.Bush v. Whitney Bank, Case No. 5D16-2344 (Fla. 5th DCA 2017).
Florida Statute section 95.11(5)(h)’s one year statute of limitations to bring deficiency actions does not apply to deficiency actions arising out of short sales.TC Heartland LLC v. Kraft Foods GroupBrands LLC, Case No. 16–341 (2017).
“Residence” for purposes of venue of a domestic corporation in a Patent Act case refers to the state of incorporation of the company.Water Splash, Inc. v. Menon, Case No. 16–254 (2017).
The Hauge Service Convention does not prevent service by mail.Hardee County, Florida v. FINR, Inc., Case No. SC15-1260 (Fla. 2017).
The Bert Harris Act, Florida Statute section 70.001, does not apply to property affected by government action on adjoining property.Plaza Tower Realty Group, LLC v. 300 South Duval Associates, LLC, Case No. 3D16-1491 (Fla. 3rd DCA 2017).
Real estate brokers have an ownership interest in deposits arising from defaulted real estate contracts when the broker’s listing agreement with the owner specifies a fund upon which the brokers can claim.Spector v. Spector, Case No. 4D16-0922 (Fla. 4th DCA 2017).
Alimony creditors, in addition to taxes, consensual liens and construction liens, are a fourth exception to the protection against forced levy of homestead under the Florida Constitution.McClandon v. Dakem& Associates, LLC, Case No. 5D16-3300 (Fla. 5th DCA 2017).
A trial court may appoint a receiver to carry out the provisions of a charging order on a LLC, but may not give the receiver managerial control over the LLC.
