Yovinov. Rizo, Case No. 18–272 (2019).
Federal judges are appointed for life, not eternity, and a federal circuit may not count the vote of a deceased judge in deciding cases.Windsor Falls Condominium Association, Inc. v. Davis, Case No. 1D17-5355 (Fla. 1st DCA 2019).
An award of fees for litigating the amount of attorney’s fees to be awarded is not permitted in a condominium assessment case when the relevant portion of the instruments provided for “costs of collection thereof,including Legal Fees”; Waverly at Las Olas Condominium Ass’n, Inc. v. Waverly Las Olas,LLC, 88 So. 3d 386, 388 (Fla. 4th DCA 2012), is distinguished.Leon County v. Lakeshore Gardens Homeowners’ Association, Inc., Case No. 1D18-2703 (Fla. 1st DCA 2019).
A homeowner’s association may be named in an eminent domain case as class representative for all owners; it is not necessary to individually name all members of the association.National Collegiate Student Loan Trust 2006-4 v. Meyer, Case No. 2D17-4158 (Fla. 2d DCA 2019).
Standing is merely a sufficient interest in the outcome of a case that warrants the court entertaining it, and unless the complaint demonstrates an affirmative defense on its face, an affirmative defense which requires proof.Tejera v. Lincoln Lending Services, LLC, Case No. 3D16-2746 (Fla. 3d DCA 2019).
An action for civil conspiracy to perpetrate fraud in the inducement is an action founded upon fraud and thus is subject to the Delayed Discovery Doctrine.Cone v. U.S. Bank Trust, N.A., Case No. 4D17-2285 (Fla. 4th DCA 2019).
Fraud or egregious misconduct is not a requirement for an equitable subrogation lien.First Church of The Nazarene of Gainesville, Florida, Inc. . Site Concepts, Inc., Case No. 4D18-2846 (Fla. 4th DCA 2019).
The rule that place of payment is a proper venueis inapplicable when the debt due is unliquidated.Darden Restaurants, Inc. v. Singh,Case No. 5D16-4049 (Fla. 5th DCA 2019).
The 2009amendment to Florida Statute section 194.301 mandated that value of property must be determined by an appraisal methodology that meets thecriteria of Florida Statute section 193.011 and professionally accepted appraisal practices; Mazourek v. Wal-Mart Stores, Inc., 831 So. 2d 85, 89 (Fla. 2002) (“[t]he propertyappraiser’s determination of assessment value is an exercise of administrative discretionwithin the officer’s field of expertise”), is overruled.
