Diversicare Management Services Co. v. The Estate f Caott, Case No. 2D18-2554 (Fla. 2d DCA 2019).
Non-final appellate jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) to determine whether a party is entitled to arbitration does not permit the appellate court to adjudicate other issues on appeal.Hanna v. Pennymac Holdings, LLC, Case No. 4D18-1400 (Fla. 4th DCA 2019).
A negative-amortization provision does not render non-negotiable an otherwise negotiable promissory note.Dorsey v. Robinson, Case No. 1D18-1297 (Fla. 1st DCA 2019).
“In possession of the lands” for purposes of Florida Statute section 712.03(3) (the “possession exception” to the extinguishment provisions of the Marketable Record Title Act) requires more than merely the power to occupy the land and may require continued physical presence on the land.Lehmann v. Cocoanut Bayou Association, Inc., Case No. 2D15-4968 (Fla. 2d DCA 2019).
The owner of land in a common law dedication of a street retains title to the dedicated land but the owner of land in a statutory dedication does not. However, the owner of land in a statutory dedication retains a reversionary interest such that the land returns to the owner (or the owner’s successors in title) if the governmental authority relinquishes the statutory dedication.Wells Fargo Bank, N.A. v. Quest Systems, LLC, Case No. 2D17-1184 (Fla. 2d DCA 2019).
On rehearing, the Second District holds that a promissory note modification agreement is an agreement “relating to” commercial paper and is self-authenticating under Florida Statute section 90.902(8).Kronen v. Deutsche Bank National Trust Company, Case No. 4D18-1137 (Fla. 4th DCA 2019).
A promissory note with its loan numbers redacted as requiredunder FloridaRule of Judicial Administration 2.425(a)(4)(I) is entitled to the presumption of standing found in Ortiz v. PNC Bank, National Ass’n, 188 So. 3d 923, 925 (Fla. 4th DCA 2016).Broz v. Reece, Case No. 3D18-273 (Fla. 3d DCA 2019).
The statute of limitations in a negligence suit against a surveyor is not tolled by the Delayed Discovery Doctrine.Keys Country Resort, LLC v. 1733 Overseas Highway, LLC, No. 3D18-1013 (Fla. 3d DCA 2019).
Competing affidavits whether a particular parcel was intended to be included in a mortgage require a motion for summary judgment of reformation of the mortgage be denied.Glass v. Nationstar Mortgage, LLC, Case No. SC17-1387 (Fla. 2019).
Jurisdiction was improvidently granted in the case, the opinion of January 4, 2019 awarding attorney’s fees notwithstanding lack of connexity between the parties is withdrawn, and jurisdiction is discharged.Maguire-Ress v. Stettner, Case No. 4D18-2742 (Fla. 4th DCA 2019).
A party seeking summary judgment in a replevin action where the defense is the items were gifted must set forth evidence as to his own intent (donative or not).CalAtlantic Group, Inc. v. Dau, Case No. 5D18-1281 (Fla. 5th DCA 2019).
Whether or not the mutuality provision of Florida Statute section 57.105(7) applies depends on the cause of action sought, not on the outcome of the litigation.OneWest Bank, FSB v. Palmero, Case No. 3D14-3114 (Fla. 3d DCA 2019).
Even though a surviving spouse did not sign the mortgage, a surviving spouse is a “borrower” under a reverse mortgage that does not permit foreclosure until all borrowers pass away; other documents executed contemporaneously with the mortgage cannot be considered in interpreting the mortgage terms even though the other documents may have created an ambiguity.All Seasons Condominium Association, Inc. v. Patrician Hotel, LLC, Case Nos. 3D17-132; 3D17-130 (Fla. 3d DCA 2019).
Unit owners in a condominium cannot, under Florida Statute section 718.112, give a general proxy to the association board to sell their units.de Diego v. Barrios, Case No. 3D17-1990 (Fla. 3d DCA 2019).
Fraud or other egregious act is necessary in order to impose an equitable lien on homestead property.Megacenter US LLC v. Goodman Doral 88th Court LLC, Case No. 3D18-519 (Fla. 3d DCA 2019).
A buyer’s email notification of intention to terminate and later formal written termination is sufficient substantial compliance with a contract provision that requires written notification.Florida Investment Group 100, LLC v. LaFont, Case No. 4D18-2075 (Fla. 4th DCA 2019).
An “insufficient appraisal” of a property does not excuse the buyer from closing where the buyer neverobtained Loan Approval as defined in the contract.The Bank of New York Mellon V. Florida Kalanit 770 LLC, Case No. 4D18-3295 (Fla. 4th DCA 2019).
An allonge may predate the execution of a note as a party may contract to sell property that it does not yet own.Smith v. Rodriguez, Case No. 5D17-3194 (Fla. 5th DCA 2019).
A non-reliance clause will not protect for claims arising under Florida Statutes Chapter 475 when the contracts excludes Chapter 475 claims from the non-reliance provision.Shamrock-Shamrock, Inc. v. Remark,Case No. 5D18-1987 (Fla. 5th DCA 2019).
An individual member of a municipal planning board not a party to litigation between a developer and the municipality may not be sued for spoliation of evidence concerning actions she took while serving on the planning board as Florida law does not impose a duty on nonpartiesto litigation to preserve evidence based solely on the foreseeability of litigation.
