TC Heartland LLC v. Kraft Foods GroupBrands LLC, Case No. 16–341 (2017).
“Residence” for purposes of venue of a domestic corporation in a Patent Act case refers to the state of incorporation of the company.Water Splash, Inc. v. Menon, Case No. 16–254 (2017).
The Hauge Service Convention does not prevent service by mail.Hardee County, Florida v. FINR, Inc., Case No. SC15-1260 (Fla. 2017).
The Bert Harris Act, Florida Statute section 70.001, does not apply to property affected by government action on adjoining property.Beacon Hill Homeowners Association, Inc. v. Colfin Ah-Florida 7, LLC, Case No. 3D16-1185 (Fla. 3rd DCA 2017).
The Third District continues to follow Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners Association, Inc., 169 So. 3d 145 (Fla.4th DCA 2015), rejects a Kaufman argument and holds that homeowner association declarations are not automatically revised to follow changes in the association statute.Plaza Tower Realty Group, LLC v. 300 South Duval Associates, LLC, Case No. 3D16-1491 (Fla. 3rd DCA 2017).
Real estate brokers have an ownership interest in deposits arising from defaulted real estate contracts when the broker’s listing agreement with the owner specifies a fund upon which the brokers can claim.Spector v. Spector, Case No. 4D16-0922 (Fla. 4th DCA 2017).
Alimony creditors, in addition to taxes, consensual liens and construction liens, are a fourth exception to the protection against forced levy of homestead under the Florida Constitution.Dwork v. Executive Estates of Boynton Beach Homeowners Association, Inc., Case No. 4D16-1698 (Fla. 4th DCA 2017).
Strict compliance with the fourteen-day notice requirement of Florida Statute section 720.305(2)(b) is required before an association can impose fines.McClandon v. Dakem& Associates, LLC, Case No. 5D16-3300 (Fla. 5th DCA 2017).
A trial court may appoint a receiver to carry out the provisions of a charging order on a LLC, but may not give the receiver managerial control over the LLC.
