Glasser v. Hilton Grand Vacations Company, LLC, Case No. 18-14499 (11th Cir. 2020).
An “automatic telephone dialing system” that does not use random or sequentially generated number or that requires human intervention does not violate 47 U.S.C. § 227(b)(1)(A) of the Telephone Consumer Protection Act.Jones v. U.S. Bank Trust, N.A., Case No. 2D18-2106 (Fla. 2d DCA 2020).
The court discusses the split in the districts over whether “no standing” means no fees, and further holds a mortgage is not a “stand-alone contract” and is only a lien on real property.Taneja v. Saraiya, Case No. 2D18-294 (Fla. 2d DCA 2020).
A trial court, in its discretion, may allow or not allow discovery of a Special Litigation Committee appointed under Florida Statutes section 605.0804 of the Florida Limited Liability Act.Yam Export & Import LLC v. Nicaragua Tobacco Imports, Inc., Case No. 3D19-1083 (Fla. 3d DCA 2020).
The issue of whether a party has waived the right to arbitrate because of failure to make payments under the contract containing the arbitration agreement is itself an arbitrable issue to be determined by the arbitration panel.Esslinger-Wooten-Maxwell, Inc. v. Lones Family Limited Partnership, Case Nos. 3D19-49, 3D19-135 (Fla. 3d DCA 2020).
A sale that occurred six years after the termination of the contractual one year “protection period” of a listing agreement is not subject to the equitable procuring cause doctrine for awarding of a sales commissionThe Citizens’ Independent Transportation Trust of Miami-Dade County v. Schwiep, Case No. 3D19-1769 (Fla. 3d DCA 2020).
An administrative petition is not, for purposes of an ordinance prohibiting members of a commission filing lawsuits against a county, a “lawsuit” that requires removal from the commission.Frantz v. EM Paving Corp., Case No. 5D19-379 (Fla. 5th DCA 2020).
A party that has obtained both a construction lien foreclosure judgment and a money judgment cannot execute on its money judgment if it proceeded forward to foreclosure sale and must instead seek a deficiency judgment under the sale.Darrisaw v. Pennsylvania Higher Education Assistance Agency, Case No. 17-12113 (11th Cir. 2020).
A guaranty agency for federal student loans is collecting loans “incidental to a bona fide fiduciary obligation” under 15 U.S.C. § 1692a(6)(F)(i) and thus is not a debt collector under the Fair Debt Collection Practices Act.Griffin Lasalle Bank, N.A., Case No. SC18-1132 (Fla. 2020).
A circuit court has continuing jurisdiction to consider a third-party purchaser’s motion to recover the value of repairs and improvements made to the property purchased at a foreclosure sale that was later vacated.2-Bal Bay Properties, LLC v. Asset Management Holdings, LLC, Case No. 2D18-2873 (Fla. 2d DCA 2020).
A court may only award as damages for improvement in an unjust enrichment case base on the increase in value of the property, not the cost of the improvements.BMG Realty Group, LLC v. U.S. Bank National Association, Case No. 2D18-5124 (Fla. 2d DCA 2020).
The statute of limitations to enforce a mortgage does not begin to run upon the borrower’s surrender of the property in bankruptcy court.City of Miami Gardens v. US Bank National Association, Case No. 3D19-1263 (Fla. 3d DCA 2020).
Electronic copies, so long as they are certified, meet the requirements of Florida Statute section 162.09(3) to establish a code enforcement lien.Efron v. UBS Financial Services Incorporated of Puerto Rico, Case No. 3D19-357 (Fla. 3d DCA 2020).
An arbitration panel’s refusal to grant postponement of the final hearing (trial) upon withdrawal of a party’s counsel deprives that party of a fair hearing and requires vacation of the arbitration award.Townsend v. Box, Trustee, Case No. 4D18-3004 (Fla. 4th DCA 2020).
The lispendens statute does not require a party in possession to intervene in litigation regarding the property.Wells Fargo Bank, N.A. v. Bricourt, Case No. 4D19-325 (Fla. 4th DCA 2020).
A lender seeking to re-establish a lost promissory note need not prove exactly when, how and by whom a promissory note was lost.Royal Palm Properties, LLC v. Pink Palm Properties, LLC, Case No. 18-14092 (11th Cir. 2020).
A competing real estate company may have a competitor’s service mark canceled but must first prove the contested mark is not distinctive and is confusing similar to other registered marks.Household Finance Corp III v. Williams, Case No. 4D18-1570 (Fla. 4th DCA 2020).
A reformation action is outside a contract and thus is not entitled to an award of fees under Florida Statute section 57.105(7).Kostoglou v. Fortuna, Case No. 4D19-168 (Fla. 4th DCA 2020).
A charging order under Florida Statute section 605.0503(1) entitles a creditor to payment of any distributions made that would have otherwise gone to the judgment debtor.JF& LN, LLC v. Royal Oldsmobile-Gmc Trucks Company, Case No. 2D18-523 (Fla. 2d DCA 2020).
A tenant may not exercise an option to purchase if it has failed to timely pay rent under a lease agreement that allows tenant an option to purchase only if tenant is not in default.Residents For A Better Community v. WCI Communities, Inc., Case No. 2D18-1917 (Fla. 2d DCA 2020).
A voluntary dismissal does not always make the non-dismissing party a prevailing party on the question of attorney’s fees; a court may look behind a voluntary dismissal at the facts of the litigation to determine if a party has truly prevailed.Clark v. City of Pembroke Pines, Case No. 4D18-3549 (Fla. 4th DCA 2020).
While a government limiting access to a roadway is typically not considered an inverse condemnation, such actions can constitute a compensable taking if there is a physical taking of property through imposition of barriers, the selling of a right of way easement, and substantial loss of access resulting in diminished use and benefit of the property and municipal services.
