Schaw v. Habitat for Humanity of Citrus County, Inc.,Case No. 17-13960 (11th Cir. 2019).
Failure to consider an applicant’s ability to meet a minimum income threshold by obtaining money from family members and other sources constitutes a failure to make “reasonable accommodations” under the Fair Housing Amendments Act, 42 U.S.C.§ 3601 et. seq.Thompson v. Admiral Manufacturing Housing Community, Case No. 1D19-2640 (Fla. 1st DCA 2019).
An order merely granting a motion to dismiss is not a final, appealable order.Dana v. Eilers, Case No. 2D18-2353 (Fla. 2d DCA 2019).
Use of another’s land is considered permissive, and a party’s use of a shared driveway for many years is insufficient by itself to demonstrate a use that is sufficiently adverse, exclusive or inconsistent with the owner’s use to establish a prescriptive easement.Hullick v. Gibraltar Private Bank & Trust Company, Case No. 3D18-0203 (Fla. 3d DCA 2019).
The fact that a company’s board of directors are outside directors who are not company employees does not diminish the rule of American Airlines, Inc. v. Geddes, 960 So. 2d 830 (Fla.3d DCA 2007), that intra-corporate communications are not “publications” to third parties for defamation purposes.Baker v. The Courts at Bayshore I Condominium Association, Inc.,No. 3D18-1669 (Fla. 3d DCA 2019).
Florida Rule of Civil Procedure 1.530 may be used to correct an incorrect legal description when the error occurs in the final judgment itself and not as the result of an error in the underlying legal instrument.Everglades Law Center, v. Inc. South Florida Water Management District, Case Nos. 4D18-1220, 4D18-1519 & 4D18-2124 (Fla. 4th DCA 2019).
The statutory mediationcommunication exemption under Florida Statute sections 44.102(3) and 44.405(1) provides a permanent exemption from the requirement to disclose “shade meetings” (conferences between a governmental board and its attorney to discuss settlement and litigation strategy which are notopen to the public) conducted under Florida Statute section 286.011(8).Schroeder v. MTGLQ Investors, L.P. Case No. 4D18-3177 (Fla. 4th DCA 2019).
Documentary stamp taxes must be paid on the increased amount of a promissory note otherwise the note is unenforceable.Williams v. River Bend of Cocoa Beach, Inc.,Case No. 5D18-912 (Fla. 5th DCA 2019).
Boundary lines established by federal government surveyors are “unchangeable andcontrol all references in deeds and other documents describing parcels of land byreference to the federal government of sections, townships and ranges,” but a trial judge may order that survey markers be placed to show the updated boundary between parcels.
