Fonseca v. Taverna Imports, Inc., Case Nos. 3D15-737; 3D15-382; 3D14-2506 (Fla. 3d DCA 2017).
A corporate “an event ortransaction [such as a recapitalization or the levying on a judgment] should not be permitted where its objective or result is the seizing ofcorporate control for an improper purpose.”Bayview Loan Servicing, LLC v. Del Lupo, Case No. 4D15-1088 (Fla. 4th DCA 2017).
The introduction of documents into evidence which proves damages requires the denial of a motion to dismiss for failure to prove damages, even if the documents do not clearly state the damages.Newman v. Guerra, Case Nos. 4D15-1515 & 4D15-2588 (Fla. 4th DCA 2017).
The “significant issues” test of Moritz v. Hoyt Enters., Inc., 604 So. 2d 807 (Fla. 1992), applies to claims for attorneys’ fees under Florida Statute section 713.29.JallaliV. Knightsbridge Village Homeowners Association, Inc., Case No. 4D15-2036 (Fla. 4th DCA 2017).
A lispendensfiled by a first mortgageedoes not bar the foreclosure of an association’s subsequent lien for unpaidassessments against the ownerwhere the association’s subsequent lien was imposed under the association’s declaration of covenants recorded
before the first mortgagee recorded its notice of lispendens.
Dixon v. Wells Fargo Bank, N.A., Case No. 4D15-3974 (Fla. 4th DCA 2017).
A default letter stating that acceleration has already occurred, sent only six days before the lawsuit was filed,and that fails to provide sufficient notice of default and a thirty-day opportunity to cure does not “substantially comply” with the standard paragraph 22 condition precedent requirements.San Matera The Gardens Condominium Association, Inc. v. Federal Home Loan Mortgage Corporation, Case No. 4D15-4400 (Fla. 4th DCA 2017).
The Fourth District joins the Fifth District and the Second District in holding that a servicer (a companyauthorized to collect payments under a loan)is entitled to thebenefit of the safe harbor provision of Florida Statute section 718.116(1)(b).Sunset Beach Investments, LLC v. Kimley-Horn And Associates, Inc., Case No. 4D15-4425 (Fla. 4th DCA 2017).
An “engineer intern” under Florida Statute section 471.005(6) is not licensed engineer, and thus cannot be held liable for professional negligence.
