Fernandez v. Manning Building Supplies,Inc., Case No. 1D18-4819 (Fla. 1st DCA 2019).
A charge for late payment of an account is a delinquency charge, not a “finance charge” which permits a lienor not in privity to charge interestunder Florida Statute section 713.06(1), and accordingly, prejudgment interest may not be awarded for this claim.Fernandezv. Marrero, Case No. 3D16-2931 (Fla. 3d DCA 2019).
The payment by one party of the down payment and closing costs for the purchase of real estate with the subsequent titling of the property as joint tenants with right of survivorship creates a presumption of a gift to the non-paying party unless the contributing party manifests an intention that a resulting trust should arise.Bejaranov. City of Hollywood, Case No. 4D18-2613 (Fla. 4th DCA 2019).
The claims of several tenants each less than $15,000 individually cannot be aggregated to reach the circuit court monetary threshold and accordingly, their combined case must be transferred to county court.Sherman v. Sherman, Case No. 4D18-3578 (Fla. 4th DCA 2019).
The standard used to determine an award of court costs under Florida Statute section 57.041(1) is the “party recovering judgment” and not the “prevailing party” standard.
