Forero v. Green Tree Servicing, LLC, Case No. 1D16-2151 (Fla. 1st DCA 2017).
The two-dismissal rule does not bar subsequent suits, it merely makes the prior suit res judicata as to subsequent suits.Additionally, “all subsequent defaults” defeats a statute of limitations argument if any subsequent defaults occurred within the statute of limitations.Deutsche Bank Trust Company Americas v. Maas, Case No. 2D15-898 (Fla. 2d DCA 2017).
A court may relieve a party from technical admissions when evidence in the record contradicts the admissions and the party seeking to enforce the technical admission cannot demonstrate prejudice if the technical admissions were to be vacated.Bonita Real Estate Partners, LLC v. SLF IV Lending, L.P., Case No. 2D15-5492 (Fla. 2d DCA 2017).
A deficiency decree arising out of foreclosure of a Florida property is controlled by Florida law notwithstanding loan documents choosing the law of another state.Building B1, LLC v. Component Repair Services, Inc., Case No. 3D16-1286 (Fla. 3d DCA 2017).
A challenge to a party’s inactive corporate status must be raised prior to final judgment otherwise it is waived.Mukamal v. Marcum LLP, Case No. 3D17-104 (Fla. 3d DCA 2017).
An earlier agreement to arbitrate is abandoned only if there is a clear manifestation to do so; standard merger and integration clauses are not sufficient to do so.Kebreau v. Bayview Loan Servicing, LLC, Case No. 4D16-2010(Fla. 4th DCA 2017).
The Fourth District joins the First, Second and Third Districts in holding that “all subsequent defaults” cures possible statute of limitations issues if any subsequent defaults occurred within the statute of limitations.Sears, Roebuck & Co. v. Forbes/Cohen Florida Properties, L.P., Case No. 4D16-2314 (Fla. 4th DCA 2017).
A local government ordinance which by its effect restricts subleasing may impair existing contractual rights and may be a violation of the tenant’s Constitutional rights.City of Pompano Beach, Florida v. Beatty, Case Nos. 4D16-2621 and 4D16-3699 (Fla. 4th DCA 2017).
A land-lease which provides for re-appraisal of rental payments at specific times limits re-appraisal rights to only those specific dates.
