Florida Real Property and Business Law Update
Florida Real Property and Business Litigation Report, Volume 13, Issue 15
Thakkar v. Bay Point Capital Partners, LP (In Re: Bay Circle Properties, LLC), Case No. 18-12536 (11th Cir. 2020).
A “beneficial” interest in a company is not sufficient to sustain Article III standing, including for bankruptcy appeals.
Lawson-Ross v. Great Lakes Higher Education Corporation, Case No. 18-14490 (11th Cir. 2020).
The Higher Education Act of 1965, 20 U.S.C. §§ 1001 et seq., does not preempt claims of misrepresentations and violations under the Florida Consumer Collection Practices Act (FCCPA), Fla. Stat. § 559.55 et seq.
MTGLQ Investors, L.P. v. Moore, Case No. 1D18-4146 (Fla. 1st DCA 2020).
A lender’s failure to transfer a note and mortgage in accordance with a divorce decree does not amount to unlawful activity or unclean hands.
Timmons v. Lake City Golf, LLC, Case No. 1D19-2802 (Fla. 1st DCA 2020).
A final judgment confirming an arbitration award cannot order more relief than the arbitrator ordered in the arbitration award.
City of Miami Beach v. Florida Gas Transmission Company, LLC, Case No. 3D19-503 (Fla. 3d DCA 2020).
A trial court order on an easement that neither grants immediate possession nor operates as an injunction is not a final, appealable order.
Law Offices of Granoff & Kessler, P.A. v. Glass, Case No. 3D19-1404 (Fla. 3d DCA 2020).
A law firm suing its former client for unpaid fees need not provide an affidavit of reasonable fees.
Florida Department of Agriculture and Consumer Services v. Mahon, Case No. 5D19-3102 (Fla. 5th DCA 2020).
An inverse condemnation action is a proceeding to compel a government entity to bring a condemnation action to compensate a property owner, and thus the government agency is the plaintiff in the action.