Florida Department of Revenue v. DirecTV, Inc., Case No. SC15-1249 (Fla. 2017).
Florida Statute sec. § 202.12(1), which imposes different taxes on cable and satellite providers, does not violate the dormant Commerce Clause.Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, Case Nos. 2D13-6051& 2D14-86 (Fla. 2d DCA 2017).
The Second District adopts the reasoning of Waverly Las Olas Condominium Ass’n v. Waverly Las Olas, LLC,88 So. 3d 386 (Fla. 4th DCA 2012), and holds the following provision permits an award of attorney’s fees for litigating the amount of attorney’s fees:
prevailing party in any action arising from or relating to thisagreement will be entitled to recover all expenses of anynature incurred in any way in connection with the matter,whether incurred before litigation, during litigation, in anappeal, . . . or in connection with enforcement of a judgment,including, but not limited to, attorneys’ and experts’ fees.Trump Endeavor 12 LLC, v. Fernich, Inc., Case Nos. 3D16-1065 & 3D16-1865 (Fla. 3d DCA 2017).
“Substantial compliance” with the delivery requirements of the Notice to Owner provisions of the Florida Construction Lien Law, Florida Statutes section 713.06, is sufficient to enforce a construction lien, especially when the contractor is aware of the existence of the Notice to Owner and is not prejudiced by the error in the Notice.UV Cite III, LLC, v. Deutsche Bank National Trust Co., Case No. 3D16-2341 (Fla. 3d DCA 2017).
A court may not sequester rents absent an assignment of rents agreement rents, some form of injunctive relief or the rents being the subject of the litigation.Criswell v. JM Custom Woodworking, Inc., Case No. 4D15-4625 (Fla. 4th DCA 2017).
A general contractor may not file a claim of lien for an item that is not in the direct contract between the contractor and the owner is not lienable under the Florida Construction Lien Law.Nationstar Mortgage Company v. Levine, Case No. 4D16-615 (Fla. 4th DCA 2017).
Parol evidence is generally not admissible to explain a patent ambiguity, but may employed to explain a latent ambiguity or to explain a patent ambiguity when the identity, capacity or the parties’ relationship with one another is at issue.Paul v. Avrahami, Case No. 4D16-1456 (Fla. 4th DCA 2017).
The Supplementary Proceedings statute, Florida Statute section 56.29, provides only for an award of fees or costs to the judgment debtor and does not provide for an award against the impled defendant.Busch v. Lennar Homes, LLC, Case No. 5D16-1626 (Fla. 5th DCA 2017).
A “punch list” clause such as the one below may extend “completion” of the sales contract beyond the closing date, and accordingly, may extend the running of the statute of limitations and the statute of repose:
10.1 Purchaser shall be given an opportunity to examine theHome with Seller’s representative prior to closing of title on adate and time scheduled by Seller. At that time, if any itemsare noted, Purchaser shall present to Seller an inspectionstatement signed by Purchaser, if any items noted are actuallydefective in workmanship or materials in Seller’s opinion inaccordance with construction standards prevalent for a similarhome in the county where the community is located, Seller willbe obligated to correct those items at Seller’s cost. A secondinspection of the home will be conducted prior to closing atwhich time the Purchaser will be given an opportunity toexamine the home with Seller’s representative toacknowledge that items listed on the inspection statementprepared after the first inspection have been corrected. Anyremaining items that Seller has agreed to correct will becorrected by Seller at Seller’s sole cost and expense prior toclosing or at Seller’s option within a reasonable time afterclosing.
