Lydayv. Myakka Valley Ranches Improvement Association, Inc.,Case No. 2D17-1726 (Fla. 2d DCA 2019).
Anuntimely (not filed prior to the expiration of the thirty-yearperiod) preservation notice under Florida Statute section 712.03cannot reestablish interests extinguished by the Marketable Record Title Act.Dyck-O’Neal, Inc. v. Norton, Case No. 2D17-4968 (Fla. 2d DCA 2019).
The statute of limitations for a deficiency suit does not accrue until the foreclosure judgment and sale.LB Judgment Holdings, LLC v. Boschetti, Case Nos. 3D18-1190, 3D18-1323, and 3D18-1726 (Fla. 3d DCA 2019).
The proponent of a lis pendens must only make a minimal “fair showing” of a “nexus between the apparent legal or equitable ownership of the property and thedispute embodied in the lawsuit” and need not prove same by a preponderance of the evidence. Moreover, the amount of any lis pendens bond typically consists of attorney’s fees in having the lis pendens removed (not the entire litigation), damages relating to the effects on title measured by the difference between the value of the property on the date the lis pendens is imposed and the date it is removed, and the expenses of preservation and maintenanceof the property for the interval betweenrecordation and discharge.Woodson Electric Solutions, Inc. v. Port Royal Property, LLC, Case No. 3D18-2194 (Fla. 3d DCA 2019).
The last element of a cause of action for fraudulent misrepresentation into a contract occurs where the contract is signed and venue is properly laid in that location.Volvo Aero Leasing, LLC v. Vas Aero Services, LLC, Case Nos. 4D17-2618 and 4D17-3531 (Fla. 4th DCA 2019).
A defendant cannot be held liable for interference with a business relationship when it has a supervisory interest in how therelationship is conducted or a potential financial interest in how a contractis performed.AP Atlantic, Inc. v. Silver Creek St. Augustine, LLLP,Case No. 5D18-1656 (Fla.5th DCA 2019).
A non-signatory to a contract containing an arbitration provision may enforce the arbitration provision when the signatory is relying on the contract to enforce claims against the non-signatory.
