Corley v. Long-Lewis, Inc., Case No. 18-10474 (11th Cir. 2020).
A federal court order granting a voluntary dismissal without prejudice is a final order.Okefenoke Rural Electric Membership Corporation Dayspring Health, LLC, Case No. 1D18-4059 (Fla. 1st DCA 2020).
A person who uses another’s land without the legal right to do so, and does so for the statutory prescriptive period, is entitled to a prescriptive easement even if all parties involved thought the use was not on the servient tenement’s property.Witters Contracting Company v. West, Case No. 2D18-4547 (Fla. 2d DCA 2020).
No judgement for a fraudulent lien can be imposed against the individual owner of a company if the fraudulent lien is signed by the president of the contracting company, i.e., in a representative capacity.Global Discoveries, Ltd.,LLCv. Keller,Case No. 2D19-3627 (Fla. 2d DCA 2020).
The passing of the statute of repose to enforce a lien does not eliminate the lien if an action to enforce the lien was filed prior to the passage of the statute of limitations to enforce the lien.Bailey v. Shelborne Ocean Beach Hotel Condominium Association, Inc., Case Nos. 3D17-0559 & 3D17-0767 (Fla. 3d DCA 2020).
A condominium association has the authority and duty to maintain the condominium common elements, even if the workmay also constitute alterations or improvements,but may not engage in a substantial and material alteration in appearance as part of the work unless it receives unit owner approval.Bank of New York as Trustee For The Noteholders CWABS Inc. Assetbacked Notes, Series 2006-SD4006-SD4 v. Calloway, Case No. 4D19-584 (Fla. 4th DCA 2020).
A pooling agreement may serve as evidence of a foreclosing lender’s standing.
