Fonseca v. Taverna Imports, Inc., Case Nos. 3D15-737; 3D15-382; 3D14-2506 (Fla. 3d DCA 2017).
A corporate “an event ortransaction [such as a recapitalization or the levying on a judgment] should not be permitted where its objective or result is the seizing ofcorporate control for an improper purpose.”Bayview Loan Servicing, LLC v. Del Lupo, Case No. 4D15-1088 (Fla. 4th DCA 2017).
The introduction of documents into evidence which proves damages requires the denial of a motion to dismiss for failure to prove damages, even if the documents do not clearly state the damages.Newman v. Guerra, Case Nos. 4D15-1515 & 4D15-2588 (Fla. 4th DCA 2017).
The “significant issues” test of Moritz v. Hoyt Enters., Inc., 604 So. 2d 807 (Fla. 1992), applies to claims for attorneys’ fees under Florida Statute section 713.29.JallaliV. Knightsbridge Village Homeowners Association, Inc., Case No. 4D15-2036 (Fla. 4th DCA 2017).
A lispendensfiled by a first mortgageedoes not bar the foreclosure of an association’s subsequent lien for unpaidassessments against the ownerwhere the association’s subsequent lien was imposed under the association’s declaration of covenants recorded
before the first mortgagee recorded its notice of lispendens.San Matera Gardens Condominium Association, Inc. v. Federal Home Loan Mortgage Corporation, Case No. 4D15-4400 (Fla. 4th DCA 2017).
The Fourth District joins the Fifth District and the Second District in holding that a servicer (a companyauthorized to collect payments under a loan)is entitled to thebenefit of the safe harbor provision of Florida Statute section 718.116(1)(b).Sunset Beach Investments, LLC v. Kimley-Horn And Associates, Inc., Case No. 4D15-4425 (Fla. 4th DCA 2017).
An “engineer intern” under Florida Statute section 471.005(6) is not licensed engineer, and thus cannot be held liable for professional negligence.Heartwood 2, LLC v. Dori, Case No. 3D15-2576 (Fla. 3d DCA 2016).
Reformation of a corresponding deed is not required when the applicable mortgage contains the correct legal description.Lightfoot v. Cendant Mortgage Corp. — U.S. —, Case No. 14–1055 (2017).
The Federal National Mortgage Association’s (“FNMA”) “sued and be sued clause,” 12 U. S. C. §1723a(a), does not confer federal court jurisdiction in all cases involving FNMA.Kroma Makeup Eu, LLC v. Boldface Licensing + Branding, Inc., Case No. No. 15-15060 (11th Cir. 2017).
Applying Koechli v. BIP International, Inc., 870 So. 2d 940 (Fla. 1st DCA 2004), the Eleventh Circuit rules that equitable estoppel may be used to compel non-signatories to engage in arbitration only when the dispute with the signatory falls within the scope of thearbitration clause in the main dispute.Nipper v. Walton County, Case No. 1D16-512 (Fla. 1st DCA 2017).
Government seeking to enjoin violations of its zoning code must demonstrate (1) a clear legal right to the relief, (2) inadequacy of a legal remedy, and (3)irreparable injury if the relief is not granted. Moreover, alternative remedies are ignored and irreparable harm is presumed when government seeks an injunction to enforce its police power.
The Bank of New York Mellon v. Glenville, Case No. 2D15-5198 (Fla. 2nd DCA 2017).
Without citing conflict with Straub v. Wells Fargo Bank, N.A. 182 So.3d 878 (Fla. 4th DCA 2016), the Second District holds that Florida Statute section 45.031(7)(b) requires any person claiming aright to surplus funds must file a claim with the clerk of court within sixty days of the foreclosure sale itself; within sixty days of the later certificate of sale does not comply with the statute.San Matera The Gardens Condominium Association, Inc. v. Federal Home Loan Mortgage Corporation, Case No. 4D15-4400 (Fla. 4th DCA 2017).
The Fourth District joins the Fifth District and the Second District in holding that a servicer (a company authorized to collect payments under a loan) is entitled to the benefit of the safe harbor provision of Florida Statute section 718.116(1)(b).Indian Creek Country Club, Inc. v. Indian Creek Village, Case No. 3D14-439 (Fla. 3d DCA 2017).
A municipal special assessment can only be imposed if the property assessed derives a special benefit from the service provided and when the assessment is fairly and reasonably apportioned according to the benefitsreceived. Whether to impose a special assessment is a legislative function which can be overturned only if there is no substantial, competent evidence to support the decision.Sand Lake Hills Homeowners Association, Inc. v. Busch, Case No. 5D16-21 (Fla. 5th DCA 2017).
The “false or fictitious filing” provision of the Marketable Record Title Act, Florida Statute section 712.08, merely requires that a filing be false or fictitious (intent is irrelevant) before awarding attorney’s fees for the false filing.Yellow Pages Photos, Inc. v. Ziplocal, LP, Case No. 16-11868 (11th Cir. 2017).
Reducing a prevailing party’s request for attorney’s fees and costs in strict, mathematical proportion to the results obtained at trial is an abuse of discretion.Kopel v. Kopel, Case No. SC13-992 (Fla. 2017).
Florida Rule of Civil Procedure 1.190(c) permits amended complaint to relate backto the filing of the original, timely filed complaint so long as the new arise out of the same conduct, transaction, or occurrence asin the original filing.Dyck O’Neal, Inc. v. Ward, Case No. 2D15-2989 (Fla. 2d DCA 2016).
A deficiency proceeding is not an action on a consumer debt but is instead an action to enforce a foreclosure judgment. Accordingly, Florida Statute section 559.715 of the Florida Consumer Collection Practices Act does not apply.Banco Bilbao Vizcaya Argentaria v. Easy Luck Co., Inc., Case No. 3D15-1376 (Fla. 3d DCA 2017).
A drawee that accepts a draft on the mistaken belief that the draft was authorized is permitted to seek recovery against the payee unless the payee took the instrument ingood faith and for value or changed position in good faith inreliance on the payment.City of Sunny Isles Beach v. Cavalry Corp., Case No. 3D15-1420 (Fla. 3d DCA 2017).
The “development approach” (also described as the “discounted cash flow” method) is appropriate for determining the value of governmental takings, and is calculated by (1) valuing the property as of the date of the taking (2) valuation is determined by what a willing buyer would pay for the property in its then-existing condition onthat date, for development into its highest and best use; and (3) the highest and bestuse may be a prospective use.Romagnoli v. SR Acquisitions − Homestead, LLC, Case No. 3D16-386 (Fla. 3d DCA 2017).
Guarantors not joined in the foreclosure action are not estopped from raising defenses in a law action on their guaranties, including equitable actions that could have been raised in the foreclosure action.Ober v. Town Of Lauderdale-By-The-Sea, Case No. 4D14-4597 (Fla. 4th DCA 2017).
A lispendens does not terminate at final judgment in a foreclosure case, and liens or claims filed after final judgment of foreclosure are extinguished by the foreclosure sale.Mckane Family Limited Partnership v. Sacajawea Family Limited Partnership, Case No. 4D15-2431 (Fla. 4th DCA 2017).
Failure to comply with the pre-suit demands of Florida Statute section 608.601 (since repealed) requires dismissal without prejudice.Mclendon v. Nikolits, Case No. 4D15-4003 (Fla. 4th DCA 2017).
The list of agricultural activities found in Florida Statute section 193.461(5) is not exhaustive, and agricultural tax exemptions may be granted for agricultural uses not listed in the statute.
