2017 Bell Ranch Residential v. Burrill, Case No. 2D17-4871 (Fla. 2d DCA 2019).
The statutory presumption under Florida Statute Section 45.033(1) that the owner of the real property at the time of the filing of the lis pendens is entitled to surplus foreclosure funds may be rebutted only by proof of either a voluntary or involuntary transfer or assignmentfrom the record owner to the claimant of the right to collect the surplus.Gundelv. AV Homes, Inc., Case No. 2D18-899 (Fla. 2d DCA 2019).
Certiorari relief is permitted to seek review of an order denying a motion to dismiss under the Anti-SLAPP statute (Florida Statute section 768.295(3)) because the statute itself seeks to avoid unnecessary litigation.Nationstar Mortgage LLC v. LHF Hudson, LLC,Case No. 3D18-443 (Fla. 3d DCA 2019).
Bartram v. U.S. Bank, N.A., 211 So. 3d 1009 (Fla. 2016), did not change then existing law and applies retroactively to revive claims.Laptopplaza, Inc. v. Wells Fargo Bank, NA,Case No. 3D18-2190 (Fla. 3d DCA 2019).
Attorney’s fees may be an element of damages in actions such a fraudulent conveyances, and orders determining liability but not amount of damages are not appealable as the order is not yet final.Davis v. Bailynson,Case No. 4D18-1040 (Fla. 4th DCA 2019).
An attorney alone, not the attorney and his client, may be sanctioned under Florida Statute section 57.105(3)(c). Additionally, fees may be awarded when a suit asserts a theory of liabilityusing more than one, but separate, factual scenarios in support of thetheory, and only one of the factual scenarios is not supported by law.
