Yarbrough v. Decatur Housing Authority, Case No. 17-11500 (11th Cir. 2019)(en banc).
The Housing Act of 1937, 42 U.S.C. § 1437 et seq. does not create a privately enforceable right to a preponderance standard under 42 U.S.C. § 1983 suits regarding a housing termination decision.Miller v. Homeland Property Owners Association, Inc., Case No. 4D18-1647 (Fla. 4th DCA 2019).
The Business Judgment Rule applies to decisions of property owner’s associations so long as the association had the contractual or statutory authority to perform the relevant acts, and if so, whether the board acted reasonably.Postma v. Baker, Case No. 4D18-3232 (Fla. 4th DCA 2019).
A settlement agreement which permits a party to inspect an item “to his satisfaction” prior to repurchase creates a condition precedent of the party’s satisfaction.Norman v. Jaimes, Case No. 4D19-83 (Fla. 4th DCA 2019).
A seller under an agreement for deed who contracts to deliver clear title does not breach the contract if a code enforcement lien is recorded and provides constructive notice to the purchaser.Wells Fargo Bank, N.A. v. Stephenson, Case No. 5D18-733 (Fla. 5th DCA 2019).
The Fifth District agrees with Bank of N.Y. Mellon Tr. Co., Nat’l Ass’n v. Ginsberg, 221 So. 3d 1196, 1197 (Fla. 4th DCA 2017), and holds that a mortgage foreclosure is not required to identify to prove the trust on whose behalf it is acting in order to properly allege standing.
