U.S. Bank, N.A.v. Adams,Case No. 2D15-4202 (Fla. 2nd DCA 2017).
A “paragraph 22” notice need not use the word “foreclosure sale”; the following is sufficient to give borrowers notice of the consequences of failure to cure a default:
Once acceleration hasoccurred, we may take steps to terminate your ownership in the property by aforeclosure proceeding, which could result in Lender or another person acquiringownership of the property.Peebles v. Puig, CaseNo. 3D15-2237 (Fla. 3rd DCA 2017).
Matters already covered in a contract are not actionable in fraud. Moreover, fraud damages must be separate and distinct from breach of contract damages.Clark v. Bluewater Key RV Ownership Park Property Owners Association,Inc., CaseNo. 3D16-1645 (Fla. 3rd DCA 2017).
Even though residential in use, the renting of residential r.v. spaces to “work campers” violates a “no businesses restriction” in restrictive covenants.Christakis v. Tivoli Terrace, LLC, Case No. 4D16-1890 (Fla. 4th DCA 2017).
An appeal filed before the January 1, 2015 amendment to Florida Ruleof Appellate Procedure 9.020(i)(3) has the effect of abandoning post-trial motions; the amendment to the rule does not have retroactive effect.Kovach v. Holiday Springs RV, LLC,Case No. 5D15-2335 (Fla. 5th DCA 2017).
A recorded easement “to the said grantee, and grantee’s heirs andassigns forever the following described land, situate, lying and being in Hernando County, Florida, to-wit: An ingress/egress, utility, and drainage easement over the following described property . . .” runs with the land and may be used by others than the named grantee.
