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case, the opinion of January 4, 2019 awarding attorney’s fees notwithstanding lack of connexity between the parties is withdrawn, and jurisdiction is discharged.Casasanta v. Sailshare 296 LLC, No. 1D17-4862 (Fla. 1st DCA 2019).
The following is a sufficient pre-injury exculpatory clause in an “as is” residential lease:
The Lessee(s) acknowledge and agree that they haveindependently examined and inspected the premises andare fully satisfied with the condition of the cleanlinessand repair. The Lessee(s) agree that they waive anyclaims, rights or actions against Landlord, Agent or otherperson or entity for any alleged failure to disclose anydefects in the premises. Lessee(s) further stipulate thatthey are leasing the property in “As-Is” condition and thatno representations as to the present condition or futurerepair of the premises have been made except for thoseagreed upon in writing either made part of thisagreement or by separate instrument.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 and the following provision entitles defendants to an award of fees in homeowner association litigation:
Section 1. Violation. If any person claiming by, through or underDeclarant, or its successors or assigns, or any other person,shall violate or attempt to violate any of the covenants herein, itshall be lawful for the Declarant or any person or persons owningreal estate subject to these covenants to bring any proceedingat law or in equity against the person or persons violating orattempting to violate any such covenant including action to enjoinor prevent him or them from so doing, or to cause the violationto be remedied and to recover damages or other dues for suchviolation. If the party or parties bringing any such action prevail,they shall be entitled to recover from the person or personsviolating the restrictions the costs incurred by such prevailingparty, including reasonable attorney’s fees and disbursementsincurred through all appellate levels. Invalidation of any of thesecovenants by judgment of court order shall in no way affect anyof the other covenants and provisions, contained herein, whichshall remain in full force and effect.
