Royal Palm Properties, LLCv. 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.Gundel v. AV Homes, Inc., Case No. 2D18-3199 (Fla. 2d DCA 2020).
A trial court, in a suit by a community association against a developer in which class certification is sought, may limit members of the class to current owners as to claims pertinent only to present owners (voting rights, etc.) but may not limit the class of those seeking repayment of improper assessments only to current owners as prior owners maintain a claim for damages.City of Naples v. Ethics Naples, Inc.,Case No. 2D18-4486 (Fla. 2d DCA 2020).
A court examining a proposed referendum at the pre-election stage may only consider the constitutionality of the proposed referendum if the opponent ingood faith challenges the amendment’s constitutionality in its entirety and on its face.Department of Revenue v. Bell, Case No. 2D18-3134 (Fla. 2d DCA 2020).
The Florida Legislature may not constitutionally limit the class of persons entitled to receive ad valorem relief under Florida Statute section 196.081(4) (service members killed from service related causes must have been a permanent resident of the State of Florida on January 1 in the year of their death in order to be entitled to ad valorem tax relief).Household Finance Corp IIIv. 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.Carollo v. Henderson, Case No. 5D19-2484 (Fla. 5th DCA 2020).
A party seeking to discharge a lis pendens not founded on a duly recorded instrument is entitled to an evidentiary hearing.
