Ford Motor Credit Company, LLC v. Arwine, CaseNo. 1D18-4772 (Fla. 1st DCA 2019).
A lender seeking a deficiency judgment upon private sale of personal property need not demonstrate the sale of collateral was commercially reasonable unless the debtor first disputes the reasonableness of the sale under Florida Statute section 679.626(1).Harrell v. The Ryland Group, Case No. 1D18-3728 (Fla. 1st DCA 2019).
An attic stepladder constitutes an “improvement to real property” and thus is covered by the ten-year statute of repose for construction improvements under Florida Statute section 95.11(3)(c).Pirate’s Treasure, Inc. v. City fo Dunedin, Florida, Case No. 2D18-2774 (Fla. 2d DCA 2019).
A landowner locked in a development dispute with a municipality may transfer the affected land to a third party and not lose standing to prosecute the dispute so long as it retains a sufficient interest in the property.Wishinskyv. Choufani, Case No. 5D18-2122 (Fla. 5th DCA 2019).
A member of a limited liability company may bring a constructive fraud and breach of fiduciary duty suit against the manager of the company without satisfying derivative action requirements if the claim is based on violation of statutory or contractual duties.
