1944 Beach Boulevard, LLC v. Live Oak Banking Company (In Re: NRP Lease Holdings, LLC), Case No. 21-11742 (11th Cir. 2021).
The Eleventh Circuit certifies questions regarding Florida Statute section 679.5016(3) (safe harbor for incorrect spelling of debtor names in UCC-1 Financing Statements) to the Florida Supreme, specifically:
(1) Is the “search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic,” as provided for by Florida Statute § 679.5061(3), limited to or otherwise satisfied by the initial page of twenty names displayed to the user of the Florida Secured Transaction Registry’s search function?
(2) If not, does that search consist of all names in the filing office’s database, which the user can browse to using the command tabs displayed on the initial page?
(3) If the search consists of all names in the filing office’s database, are there any limitations on a user’s obligation to review the names and, if so, what factors should courts consider when deter-mining whether a user has satisfied those obligations?In Re: Amendments to Rule Regulating the Florida Bar 1-3.10 and Florida Rule of General Practice and Judicial Administration 2.510, Case No. SC21-722 (Fla. 2021).
The process for pro hac vice is amended and out of state attorneys are required to comply with the Florida Rules of General Practice.Jain v. Buchanan Ingersoll & Rooney PC, Case No. 3D20-1529 (Fla. 3d DCA 2021).
Florida Statute section 768.79 awards fees paid by a party as well as those paid on the party’s behalf, and accordingly, a prevailing defendant may be awarded attorney’s fees even if his firm (not him) paid his fees under an indemnification agreement.K.D. Construction of Florida, Inc. v. MDM Retail, Ltd., Case No. 3D20-1759 (Fla. 3d DCA 2021).
Florida Statute section 713.10 cannot be used by an owner/landlord to escape liability for unpaid construction charges when the owner/landlord personally contracted for the improvements, recorded the notices of commencement, and was contractually obligated to pay for the improvements.Cocoplum Civic Association, Inc. v. City of Coral Gables, Case No. 3D21-1569 (Fla. 3d DCA 2021).
The Third District holds that “second-tier certiorari may not be utilized to challenge simple legal error, but only in instances where the petitioner establishes a violation of a clearly established principle of law resulting in a miscarriage of justice.”Millan Law Firm, P.A. v. Zambrano, Case No. 3D21-1726 (Fla. 3d DCA 2021).
Records regarding payments to law firms typically do not implicate either the attorney-client or work product privileges.McGregor v. Fowler White Burnett, P.A., Case No. 4D20-2684 (Fla. 4th DCA 2021).
Fraudulent transfer claims brought under Florida Statute section 56.29 (proceedings supplementary) are subject to the time limitations of Florida Statute chapter 726 (fraudulent conveyances) and thus can be barred by the application of Florida Statute section 726.110.Blue Water Holdings SRC, Inc. v. Santa Rosa County, Florida, Case No. 1D19-4387 (Fla. 1st DCA 2021).
The purpose of appraisals under the Bert Harris Act, Florida Statute section 70.001 (2012), is to give notice to the government to allow it to fairly assess the claim and the appraisals need not be “before and after,” i.e., appraisals before and after the inordinate government regulation which show the diminution in value due to the government regulation, nor admissible in evidence by themselves.The Solomon Law Group, P.A. v. Dovenmuehle Mortgage, Inc., Case No. 2D21-360 (Fla. 2d DCA 2021).
Forum selection clauses, being a contractual right and not a grant of jurisdiction, neither grant jurisdiction to nor remove jurisdiction from a particular court, and being a contractual right, can be waived by the actions of the party invoking the clause.ProntoCash, LLC v. The Autoboutique of Miami, Inc., Case No. 3D21-1277 (Fla. 3d DCA 2021).
A lis pendens not founded on a duly recorded instrument requires a fair nexus between the apparent legal or equitable ownership of the property and the dispute embodied in the lawsuit, and accordingly, is not enforceable against a party not involved in the underlying dispute.Cleveland v. Westport Recovery Corporation, Case No. 4D20-2445 (Fla. 4th DCA 2021).
A motion denied under the prior Florida Rule of Civil Procedure 1.525 may be re-filed after the adoption of the revised rule and will be determined under the new rule.Costa del Mar, Inc. v. Haney, Case No. 1D19-1787 (Fla.1st DCA 2021).
An appeal may be dismissed under Florida Rule of Appellate Procedure 9.350(a) but the appeal cannot be “without prejudice.”Tidewater Preserve Master Association, Inc. v. Department of Transportation, Case No. 2D21-223 (Fla. 2d DCA 2021).
The fact there are competing real estate appraisals as to the good faith estimate for a “quick take” condemnation under Florida Statutes chapter 74, even if the appraisal adopted by the court presumes hypothetical conditions for its determination of value, does not render the adopted appraisal improper as a matter of law.Gill v. Parvez, CaseNo. 3D21-0796 (Fla. 3d DCA 2021).
A tenant who seeks to defend an eviction must pay rent into the Registry of the Court during the litigation even if the initial Complaint does not demand back-due rent.Samoilova v. Loginov, Case No. 3D21-1144 (Fla. 3d DCA 2021).
A successor judge has jurisdiction to rule on a Rule 1.540 motion regarding matters ruled upon by the predecessor judge.Ballard v. Pritchard, Case No. 2D20-2967 (Fla.2d DCA 2021).
A decedent’s devise of a life estate of her homestead to a surviving spouse with the fee to decedent’s child is invalid under Florida Statute section 723.4015(1) and the property descends via intestate secession under Florida Statute section 732.401(1).Unifirst Corporation v. Joey’s New York Pizza, LLC, Case No. 2D21-891 (Fla. 2d DCA 2021).
The Second District holds that an order vacating an arbitration award is a non-final order not subject to appeal under Florida Rule 9.130 nor capable of certiorari review; conflict certified with the First District under Felger v. Mock, 65 So. 3d 625, 628 (Fla.1st DCA 2011).Lennar Homes, LLC v. Martinique at the Oasis Neighborhood Association, Inc., Case No. 3D20-1732 (Fla. 3d DCA 2021).
The Third District follows the Second District and holds that a homeowner’s association’s right to sue in its representative capacity requires it “to comply with the arbitration agreements signed by each of its members” under Pulte Home Corp. v. Vermillion Homeowners Ass’n, Inc., 109 So. 3d 233, 235 (Fla. 2d DCA 2013).Wilmington Savings Fund Society, FSB v. Gulfstream of Las Olas Condominium Association, Inc., Case No. 4D20-1443 (Fla. 4th DCA 2021).
A receiver appointed at the request of a condominium association pursuant to Florida Statutessection 718.111(5) is subject to the safe harbor provision of Florida Statute section 718.116(1)(b)(1).Aquachile, Inc. v. Williams, Case No. 4D21-1453 (Fla. 4th DCA 2021).
Whether a party qualifies for protection under a “Himalaya clause” (contractual limitation of liability extended to “downstream parties” expected to take part in performance of the contract) depends on the nature of the relationship between the party seeking protection and the contracting party as well as the nature of the services provided by the party seeking protection compared to the contracting party’s responsibilities under the contract.
