Rosen v. Harborside Suites, LLC, Case No. 3D16-2678 (Fla. 3d DCA 2020).
The D’Oench Doctrinecodified at 12 U.S.C. §1823(e) (any agreement that impairs an asset of a failed financial institution must be in writing and contained within the books and records of the failed institution otherwise it is unenforceable) does not apply to agreements contained in loan documents themselves.Edwards v. CIT Bank, N.A.,Case No. 3D19-1285 (Fla. 3d. DCA 2020).
An estate cannot raise issues on appeal of a foreclosure judgment that were not timely raised by the decedents during their lifetime.Goodenow v. Nationstar Mortgage, LLC,Case No. 3D20-708 (Fla. 3d DCA 2020).
An order denying a motion to stay is not an order denying an injunction and thus is not appealable as a non-final order underFlorida Ruleof Appellate Procedure 9.130(a)(3)(B).Brickell Financial Services – Motor Club, Inc. Road Transportation, LLC,
Case Nos. 4D19-986 and 4D19-1481 (Fla. 4th DCA 2020).Mediation communications are admissible under Florida Statutes Section 44.405 if “[o]ffered for the limited purpose of establishing or refutinglegally recognized grounds for voiding or reforming a settlementagreement reached during a mediation ….”Haver v. The City of West Palm Beach, Inc., Case No. 4D19-1537 (Fla. 4th DCA 2020).
A citizen may sue local government for failure to enforce zoning codes but only if the citizen has a special injury different from the public at large.Williams v. Salt Springs Resort Association, Inc., Case No. 5D18-3913 (Fla. 5th DCA 2020) (en banc).
Community association assessments are “debts” subject to the Florida Consumer Collection Practices Act.
