City Of Largo, Florida v. AHF-BayFund, LLC, Case No. SC15-1261 (Fla. 2017).
PILOT (Payment in Lieu of Taxes agreements that pay government in lieu of ad valorem taxes) contracts do not violate either Florida Statute section 196.1978 or Florida Constitution Article VII, § 9(a).The Bank of New York Mellon Trust Company, N.A. v. Fitzgerald, Case No. 3D16-981(Fla. 3d DCA 2017).
A party who successfully defends a mortgage foreclosure suit on the basis of lack of standing is not entitled to an award of attorney’s fees because there is no privity between plaintiff and defendant sufficient to implicate Florida Statute section 57.105 (7).Rippo v. Baker, Case No. 16–6316 (2017).
The Due Process Clause may require recusal of a judge even when the judge has no actual bias; recusal is required when, viewed objectively, “the probabilityof actual bias on the part of the judge or decisionmakeris too high to be constitutionally tolerable.”Tarantola v. Henghold, M.D., P.A., Case No. 1D16-3718 (Fla. 1st DCA 2017).
When used in a restrictive covenant, the phrase “including [a specific restriction]” following a general restriction illustrates the restricted conduct and are not words that limit the restriction.Harris v. U.S. Bank National Association, Case No. 1D15-2022 (Fla. 1st DCA 2017).
The “face to face” counseling requirements of H.U.D. regulation 24 C.F.R. § 203.604 are a condition precedent when the lender has a branch within 200 miles of the borrower, but the condition precedent can be waived.Spradleyv. Spradley, Case No. 2D15-4850 (Fla. 2d DCA 2017).
A cause of action for conversion can be brought for wrongful detention of items which have no intrinsic value, including papers and documents.ARC HUD I, LLC v. Ebbert, Case No. 2D15-4848 (Fla. 2d DCA 2017).
The time to determine whether a lender has a branch within 200 miles of borrower so as to bring into play the “face to face” counseling requirements of H.U.D. regulation 24 C.F.R. § 203.604 is when the borrower defaults.Flinnv. Doty, Case No. 4D15-2424 (Fla. 4th DCA 2017).
Unjust enrichment is all that is necessary to impose an equitable lien on a homestead; fraud and egregious conduct are not requirements to imposition of the equitable lien.Stanbro v. Mccormick 105, LLC, Case No. 4D16-3071 (Fla. 4th DCA 2017).
A judgment creditor seeking to garnish a bank account held in the name of multiple parties must prove the funds are exclusively the property of the judgment debtor.ICMFG & Associates, Inc. v. The Bare Board Group, Inc., Case No. 2D15-3557 (Fla. 2d DCA 2017).
A plaintiff is required to prove a connection between the tortious conduct of the defendant and its lost profits, even when defendant’s pleadings have been struck as a sanction for misconduct.Villages of Avignon Community Development District v. Burton, Case No. 2D16-1048 (Fla. 2d DCA 2017).
Ad valorem tax liens are subject to the same priority as CDD liens.Allied Universal Corporation v. Given,Case No. 3D16-1128 (Fla. 3d DCA 2017).
Irreparable injury is presumed once a movant establishes a substantial business interest that is protectible under Florida Statute § 542.335; the burden then shifts to the non-movant to establish the absence of injury.Village of Palmetto Bay, Florida v. Alexander School, Inc., Case No. 3D16-1201 (Fla. 3d DCA 2017).
Zoning ordinances which require approval of voters before a municipality will act on a requested zoning change are not unconstitutional deprivations of due process. Moreover, such ordinances are legislative enactments for which movant must prove the ordinance is “unreasonable and bears nosubstantial relation to public health, safety, morals or general welfare.”City of Riviera Beach v. J & B Motel Corp., Wells Fargo Bank, N.A., Case No. 4D16-0174 (Fla. 4th DCA 2017).
Municipalities have twenty years to foreclose Chapter 162 code enforcement liens.U.S. Bank National Association v. Roseman, Case No. 4D16-876 (Fla. 4th DCA 2017).
A promissory note sought to be introduced at trial that varies from the one attached to the complaint is reviewed for violation of Florida Statute § 673.4071 as to whether such alteration modifies the obligation of any party or whether the alteration was fraudulently placed on the instrument.Czyzewskiv. Jevic Holding Corp., Case No. 15–649 (2017).
“Structured dismissal” plans under 11 U.S.C. 1112(b) must pay creditors in accordance with the bankruptcy priority rules.Star Athletica, L.L.C. v. Varsity Brands, Inc., Case No. 15–866 (2017).
Copyright law protects “features” incorporated into the design only if the feature can independently be perceived asa two- or three-dimensional work of art separate from the useful article,and qualifies, by itself as a protectable pictorial, graphic, or sculptural work.Purchasing Power, LLC v. Bluestem Brands, Inc., Case No. 16-11896 (11th Cir. 2017).
The state of citizenship of a LLC, for diversity purposes, is the state of citizenship of its members traced back to an individual.Costco Wholesale Corporation v. Llanio-Gonzalez, Case No. 4D15-4869 (Fla. 4th DCA 2016).
Attaching a general release to a Proposal for Settlement does not make the proposal ambiguous and unenforceable.
