City of Largo, Florida v. AHF-Bay Fund, LLC, Case No. SC15-1261 (Fla. 2017).
PILOT (Payment in Lieu of Taxes agreements that pay government in lieu of ad valorem taxes) contracts do not violate either Florida Statute section 196.1978 or Florida Constitution Article VII, § 9(a).Cleveland v. Crown Financial, LLC, Case No. 1D16-3981 (Fla. 1st DCA 2017).
A claim of newly discovered evidence may be the basis for relief pursuant to Florida Rule of Civil Procedure 1.530, but a rehearing or new trial based on newly discovered evidence is warranted only where the evidence was discovered after the trial and could not have been discovered before trial by the exercise of due diligence; the rule is not an automatic opportunity for the losing party to try its case twice.Buck-Leiter Palm Avenue Development, LLC v. City Of Sarasota, Case No. 2D15-2879 (Fla. 2d DCA 2017).
A contract for redevelopment of real property that is twenty-three pages long, outlines numerous obligations of the parties regarding the development and contains default and attorney’s fees provisions is not an agreement to agree in the future.The Bank of New York Mellon Trust Company, N.A. v. Fitzgerald, Case No. 3D16-981(Fla. 3d DCA 2017).
A party who successfully defends a mortgage foreclosure suit on the basis of lack of standing is not entitled to an award of attorney’s fees because there is no privity between plaintiff and defendant sufficient to implicate Florida Statute section 57.105 (7).Willson v. Big Lake Partners, LLC, Case No. 4D15-1782 (Fla. 4th DCA 2017).
On rehearing, the Fourth District rules the proper remedy when a court reverses itself on the exclusion of slander of title damages evidence at trial (and allows previously excluded items into evidence) is to permit a new trial on damages because the party whose objection was previously sustained will have no opportunity to present counter-evidence on damages merely upon the motion for rehearing being granted.
