Hillcrest Property, LLP v. Pasco County, Case No. 17-14789 (11th Cir. 2019).
Executive action such as a land-use decision never gives rise to a substantive-due-process claim unless it infringes on a fundamental right.Amalgamated Transit Union, Local 1579 v. City of Gainesville, Case No. 1D17-4382 (Fla. 1st DCA 2019).
A trial court’s order vacating an arbitration award and remanding the case for a new arbitration constitutes irreparable harm entitled the aggrieved party to petition for certiorari; conflict certified with the Third, Fourth, and Fifth District Courts of Appeal.Socarras v. Vassallo, Case No. 3D17-2579 (Fla. 3d DCA 2019).
A home equity line of credit does not convert a non-marital asset into a marital asset such that a former spouse is entitled to 50% of the value of the asset.Benzrent 1, LLC v. Wilmington Savings Fund Society, FSB, Case No. 3D18-817 (Fla. 3d DCA 2019).
Because the holding of Pealer v. Wilmington Trust National Ass’n, 212 So. 3d 1137 (Fla. 2d DCA 2017), on the issue of standing was a special concurrence, trial courts are required to follow 3709 N. Flagler Drive Prodigy Land Trust v. Bank of America, N.A., 226 So. 3d 1040 (Fla. 4th DCA 2017), and allow a subsequent title owner to challenge a foreclosing plaintiff’s lack of standing to foreclose on a mortgage).Asset Recovery Group, LLC v. Wright, Case No. 3D18-2351 (Fla. 3d DCA 2019).
A receiver appointed by a trial court arising out of an apartment complex foreclosure may not be sued for personal injury arising out of management of the complex unless the receiver acted outside the scope of the receivership.Deutsche Bank National Trust Company v. Viteri, Case Nos. 4D17-3689 and 4D18-388 (Fla. 4th DCA 2019).
A lender does not have to prove when a loan was placed into a pool if it holds the original note at trial and the note placed into evidence at trial is the same as attached to the complaint.
