Capstone Bank v. Perry-Clifton Enterprises, LLC, Case No. 1D16-1094 (Fla. 1st DCA 2017).
A charging order is the exclusive remedy by which a judgment creditor of a Florida limited liability company may execute upon a member’s interest in the limited liability company or rights to distributions from the limitedliability company.Lexon Insurance Company v. CityofCape Coral, Case No. 2D16-1533 (Fla. 2d DCA 2017).
The statute of limitations for beach of a construction surety contract begins to run upon breach of the underlying construction contract, not upon demand upon the surety.Pinellas County v. The Richman Group of Florida, Inc., Case No. 2D16-3279 (Fla. 2d DCA 2017).
Citizen input may be a sufficient ground to support a governmental land use decision under the rational basis test, and it is not arbitrary and capricious for government to decide without a more formal investigation that citizen concerns are valid and that the proposeddevelopment should not be permitted as a result.McGrath v. Martin, Case No. 3D15-1821 (Fla. 3d DCA 2017).
Florida Rule of Civil Procedure 1.530 applies to trial court decisions dismissing cases for lack of prosecution.Agritrade, LP v. Quercia, Case Nos. 3D15-2392, 3D16-1181 (Fla. 3d DCA 2017).
The principle that a plaintiff cannot claim unjust enrichment when an express contract exists does not apply when there are multiple defendants facing the same damages and the there is no express contract against the party against whom unjust enrichment is sought.Magdalena v. Toyota Motor Corporation,Case No. 3D16-2322 (Fla. 3d DCA 2017).
A dismissal based on forum non conveniens is not an adverse “judgment” under Florida Statute section 57.041 and thus the prevailing party is not entitled to an award of costs.HagertySmith, LLC v. Gerlander, Case No. 5D16-3655 (Fla. 5th DCA 2017).
Upon rehearing, the Fifth District re-affirms that the littoral rights of owners of lakefront property include the right to an unobstructed view of the lake.
