In Re: Amendments to The Florida Rules of Civil Procedure–2019 Regular-Cycle Report, Case No. SC19-108 (Fla. 2019).
Substantial changes to the Florida Rules of Civil Procedure, including changes to the remitter and additur.Richard v. Asset Management West 15, LLC, Case No. 2D18-4599 (Fla. 2d DCA 2019).
An affidavit of indebtedness that does not attach business records is insufficient evidence of the amount owed.Merrick Park, LLC v. Garcia, Case Nos. 3D18-2090 & 3D18-1393 (Fla. 3d DCA 2019).
Improvements on leased land are taxed separately than the land itself, and the owner of the improvements may not contest the ad valorem valuation of the land.295 Collins, LLC v. PSB Collins, LLC, Case No. 3D18-2069 (Fla. 3d DCA 2019).
“Prepay” a loan typically means a loan payoff prior to the stated maturity of the loan and does not require payoff of a loan prior to a sale transaction, i.e., funds borrowed as part of a closing may be used to pay the loan off at closing.Tanis v. HSBC Bank USA, N.A., Case No. 3D18-2102 (Fla. 3d DCA 2019).
An attorney not of record is not entitled to notice of a re-scheduled foreclosure sale, even if the attorney attended and participated in a hearing in the case.Conrad FLB Management, LLC Diamond Blue International, Inc., Case No. 3D18-2540 (Fla. 3d DCA 2019).
A corporate or business name change has no effect on the underlying obligations of the business.U.S. Bank Trust, N.A. v. Leigh, Case No. 5D17-2967 (Fla. 5th DCA 2019).
A mortgage may permit lender the collection of attorney’s fees incurred in a prior foreclosure action, even if the lender was not successful in the first action.Rotkiskev. Klemm, Case No. 18–328 (2019).
The one-year statute of limitations for violations of the Fair Debt Collection Practices Act, 15 U. S. C. §1692k(d), begins to run when the violation occurs not when it is discovered.High Five Products, Inc. v. Riddle, Case No. 2D19-913 (Fla. 2d DCA 2019).
The Second District aligns with the First, Third and Fifth Districts and holds that an order denying amotion to add a claim for punitive damages is not reviewable via certiorari.Gokalpv. Unsal, Case No. 4D18-2535 (Fla. 4th DCA 2019).
A party which does not personally receiveproperty or profits from a real estate deal cannotbe held liable for conversion or civil theft arising out of the deal.In Re: Amendments to The Florida Rules of JudicialAdministration—Parental Leave, Case No. SC18-1554 (Fla. 2019).
New Florida Rule of Judicial Administration 2.570 is adopted providing for, among other things, a presumptive three-month continuance for lead counsel upon the birth or adoption of a child.In Re: Amendments to Florida Rule of Appellate Procedure 9.030, Case No. SC19-2064 (Fla. 2019).
Rule 9.030 is amended to provide for appeals of $15,000 or more from county courts directly to the district courts of appeal.Wiener v. Taylor Morrison Services, Inc., Case No. 1D19-1649 (Fla. 1st DCA 2019).
Arbitration cannot be compelled when the arbitration provision covers structural damage and no such allegations are made in plaintiffs’ complaint.Githler v. Grande, Case No. 2D17-4963 (Fla. 2d DCA 2019) (en banc).
The Second District recedes from its prior precedent and adopts the broad definition of “security” set forth in Landreth Timber Co. v. Landreth, 471 U.S. 681, 686 (1985); conflict certified withRudd v. State, 386 So. 2d1216 (Fla. 5th DCA 1980), and Levine v. I.R.E. Properties, Inc., 344 So. 2d 938 (Fla. 3dDCA 1977).Biza, Corporation v. Galway Bay Mobile Homeowners Association, Inc., No. 3D18-0631 (Fla. 3d DCA 2019).
Actions brought by mobile homeowners’ associations under Florida Rule ofCivil Procedure 1.222 are not subject to the class certification requirements ofFlorida Rule of Civil Procedure 1.220.The Bank of New York Mellon v. Figueroa, Case Nos. 3D18-2318 & 3D18-1649 (Fla. 3d DCA 2019).
Litigants in one foreclosure suit may not request banking information from other banking accounts as Florida Statute sec. 655.059(2)(b) “deems confidential books and records of depositaccounts at any financial institution” which cannot be released without consent.Gulfstream Park Racing Association, Inc. v. MI-V1, Inc., Case No. 4D18-1460 (Fla. 4th DCA 2019).
A guarantor on a lease is liable to the extent of the principal’s obligation, and accordingly, it may be relieved of liability if the principal is found not liable but may not escape liability if summary judgment has already been entered against it.Southside Church of Christ of Jacksonville, Inc. v. Walker, Case No. 1D17-5142 (Fla. 1st DCA 2019).
A witness may provide evidence that plaintiff had standing at the time of the filing of the complaint if the documentary evidence is insufficient.Nationstar Mortgage, LLC v. Glisson, Case No. 2D18-686 (Fla. 2d DCA 2019).
A new notice of default need not be sent if a previous foreclosure action was dismissed without prejudice.
