NLG, LLC v. Horizon Hospitality Group, LLC (In re Hazan) Case No. 19-14049 (11th Cir. 2021).
The Equitable Mootness Doctrine (reviewing courts will, undercertain circumstances, reject bankruptcy appeals if rulings have gone into effectand would be extremely burdensome, especially to non-parties, to undo) applies in individual Chapter reorganizations as well as complex business bankruptcies.National Trust Insurance Company v. Southern Heating and Cooling Inc.,Case No. 20-11292 (11th Cir. 2021).
A district court may exercise its discretion and decline to adjudicate aclaim under the Declaratory Judgment Act even in the absence of parallelproceedings.Furst v. DeFrances, Case No. SC19-701 (Fla. 2021).
A property that has been taxed, even if taxed at a mistakenly undervalued rate, has not “escaped taxation” under Florida Statute section 193.092(1) and thus the tax collector cannot back-tax the property.In Re: Amendment To Florida Rule of Appellate Procedure 9.020, Case No. SC21-253 (Fla. 2021).
Florida Rule of Appellate Procedure 9.020 is amended to include motions filed under Florida Rule of Civil Procedure 1.535 (remitter and additur) to the list of motions that toll rendition of the final order.Temnikova v. Eastern Financial Mortgage Corporation, Case No. 3D21-759 (Fla. 3d DCA 2021).
The determination of whether a transactionis either civilly or criminally usurious is made at the inception of the loan and a promissory note’ssavings clause, though not dispositive in absolving a lender, is one factor inconsidering usurious intent.Lorber v. Passick, Case No. 4D20-393 (Fla. 4th DCA 2021).
Johnson v. Davis claims are not eliminated by an “as is” contract for the sale of residential real property.Mortgage Assets Management, LLCv. Terraces/Banyan – 2, Inc., Case No. 4D20-1845 (Fla. 4th DCA 2021).
A court cannot impose an equitable lien on real property which trumps prior properly recorded interests.
