Acquisition Trust Company, LLC v. Laurel Pinebrook, LLC,Case No. 2D18-4979 (Fla. 2d DCA 2020).
The exercise of a valid right of first refusal by the holder of the right terminates the first (“old”) contract and creates a new contract, so the holder of the old contract is not a party to and has no ability to sue the parties to the new contract.Latimer-MacDonnell v. U.S. Bank N.A., Case No. 2D19-432 (Fla. 2d DCA 2020).
A properly served mortgage foreclosure defendant who was defaulted and against whom default final judgment without hearing was entered can contest unliquidated damages such as pre-acceleration late charges, title search and examination, property inspections mediation expense, property taxes, insurance, the filing fees, service of process, and attorney’s fees but attorney’s fees less than 3% of the principal amount of the mortgage are deemed liquidated pursuant to Florida Statute section 702.065(2), and upon remand the defendant may only obtain a judgment for damages under Florida Statute section 702.036(1).78D Team, LLC v. U.S. Bank, N.A., Case No. 3D19-1708 (Fla. 3d DCA 2020).
A subsequent purchaser may not contest application of expedited foreclosure procedures or other defenses.Management & Consulting, Inc. v. Tech Electric, Inc., Case No. 3D20-152 (Fla. 3d DCA 2020).
A “Verified Response” does not satisfy the requirements under Florida Statute section 713.21(4) as it is neither the filing of a suit nor the demonstration of good cause why suit was not filed within one year.Espinosa Pavel Pardo Investments, LLC, CaseNo. 3D17-2650 (Fla. 3d DCA 2020).
The Florida Limited Liability Company Act does not provide a mechanism nor authorize the revocation of a member’s shares.Ramblewood East Condominium Association, Inc. Kaye Bender Rembaum, P.L., Case No. 4D19-166 (Fla. 4th DCA 2020).
Expert witness testimony is not required when attorney’s fees are sought as compensatory damages such as for breach of contract.Wilmington Savings Fund Society, FSB Tacoronte, Case No. 5D19-1326 (Fla. 5th DCA 2020).
A mortgage foreclosure complaint signed by a servicer complies with Florida Rule of Civil Procedure 1.115(e).Thakkar v. Bay Point Capital Partners, LP (In Re: Bay Circle Properties, LLC), Case No. 18-12536 (11th Cir. 2020).
A “beneficial” interest in a company is not sufficient to sustain Article III standing, including for bankruptcy appeals.Lawson-Ross v. Great Lakes Higher Education Corporation, Case No. 18-14490 (11th Cir. 2020).
The Higher Education Act of 1965, 20 U.S.C. §§ 1001 et seq., does not preempt claims of misrepresentations and violations under the FloridaConsumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq.MTGLQ Investors, L. P. v. Moore, Case No. 1D18-4146 (Fla. 1st DCA 2020).
A lender’s failure to transfer a note and mortgage in accordance with a divorce decree does not amount to unlawful activity unclean hands.Timmons v. Lake City Golf, LLC, Case No. 1D19-2802 (Fla. 1st DCA 2020).
A final judgment confirming an arbitration award cannot order more relief than the arbitrator ordered in the arbitration award.Law Offices of Granoff & Kessler, P.A. v. Glass, Case No. 3D19-1404 (Fla. 3d DCA 2020).
A law firm suing its former client for unpaid fees need not provide an affidavit of reasonable fees.Florida Department of Agriculture and Consumer Services v. Mahon, Case No. 5D19-3102 (Fla. 5th DCA 2020).
An inverse condemnation action is a proceeding to compel a government entity to bring a condemnation action to compensate a property owner, and thus the government agency is the plaintiff in the action.Roesch v. U.S. Bank National Association, Case No. 2D18-1686 (2d DCA 2020).
A letter log created by a servicer after communications with its third-party mailing company is hearsay unless the predicate can be laid by the third-party mailing company.Campos Arana Auto Insurance & Multiservices Agency Corp., Case No. 4D19-1419 (Fla. 4th DCA 2020).
A motion to tax costs need not be verified.Gavida v. Specialized Loan Servicing LLC, Case No. 2D19-1069 (Fla. 2d DCA 2020).
Inadequacyof consideration, surprise, accident, mistake imposed on complainant, together with irregularityin the conduct of the sale, are proper bases for vacating a foreclosure sale.VME Group International, LLC v. The Grand Condominium Association, Inc., Case No. 3D19-139 (Fla. 3d DCA 2020).
A party may not move for an award of appellate attorney’s fees in the trial court until the appellate court issues its mandate.Rivas v. Tsang, Case No. 5D19-965 (Fla. 5th DCA 2020).
A property owner who takes no action when he realizes his property was fraudulently conveyed away is without remedy if the property is sold again, this time to a bona fide purchaser without notice.
