Ace American Insurance Company v. The Wattles Company, Case No. 17-15392 (11th Cir. 2019).
The United States is not a “Napoleonic Code” country for purposes of an exclusion to an insurance policy covering acts of a tenant.Coastal Creek Condominium Association, Inc. V. Fla Trust Services LLC,Case No. 1D18-1457 (Fla. 1st DCA 2019).
Under the present (2017 and beyond) version of Florida Statute section 718.116(1)(a), the present owner of a condominium unit is jointly andseverally liable with the previous owner (other than the association it was an owner) for unpaid assessmentsthat came due during the ownership of both; AventuraManagement, LLC v. Spiaggia Ocean Condominium Association,Inc., 105 So. 3d 637 (Fla. 3d DCA 2013), is distinguished as it interpreted the 2013 version of the statute prior to its amendment in 2017.Szurantv. Aaronson, Case No. 2D18-2092 (Fla. 2d DCA 2019).
A charging lien may only be imposed on the proceed of a pending case and cannot be imposed on “all of [the charged party’s] money and/or personal property in herpossession.”Rosen v. Harborside Suites, LLC, Case No. 3D16-2678 (Fla. 3d DCA 2018).
Upon rehearing, the Third District withdraws its previous opinion and holds the following language constitutes a release from a loan guarantee as additional acts, e.g., approval of the delivered contracts by the lender, are not required before the lender is required to deliver a release:
Notwithstanding anything to the contrary contained herein, upon Borrower’s satisfaction of the Pre-Sales Requirement in accordance with the terms and conditions of the Agreement, Guarantor shall thereafter be released from his obligations under this Guaranty with respect to matters occurring from and after the date of such release . . .Liebman v. The City of Miami, Case No. 3D18-812 (Fla. 3d DCA 2019).
A party complaining of government zoning and development action must have special injury apart from citizens at large, and alleging that he would have had submitted a bid is too speculative and does not confer standing.Space Coast Credit Union v. Day,Case No. 3D19-689 (Fla. 3d DCA 2019).
A party that is the successful bidder at foreclosure sale is not entitled to return of his deposit, but instead Florida Statute 45.031(3) requires the deposit first be applied to the costs of re-advertising the sale and any excess be applied to the outstanding judgment.Deutsche Bank National Trust Company v. Smith, Case No. 4D18-2265 (Fla. 4th DCA 2019).
A party that moves for involuntary dismissal “’admits the truth of all facts in evidence and every reasonable conclusionor inference’ that can be drawn from the evidence favorable to the nonmoving party,” and thus an assignment of mortgage which contains statements regarding the transfers of notes are sufficient to establish standing.
