Florida Real Property and Business Law Update
Florida Real Property and Business Litigation Report, Volume 13, Issue 50
M & M Realty Partners at Hagen Ranch, LLC v. Mazzoni, Case No. 18-13536 (11th Cir. 2020).
A “binding financial commitment” from a third party, including a wholly owned business entity, is required in order to satisfy the financial requirement of the “ready, willing and able” standard for awarding specific performance.
Persaud Properties FL Investments, LLC v. Town of Fort Myers Beach, Case No. 2D19-1282 (Fla. 2d DCA 2020).
Abandonment of a non-conforming use requires voluntary discontinuation of the use combined with the intent the discontinuation be permanent, i.e., more than the passage of time is required for abandonment.
Schlechter v. Community Housing Trust of Sarasota County, Inc., Case No. 2D19-3619 (Fla. 2d DCA 2020).
Florida Rule of Civil Procedure 1.540 cannot be used to vacate the dismissal of an action based on a party’s assertion it would not have agreed to the dismissal if it had had the knowledge or information at the time of dismissal that it has now.
JAK Capital, LLC v. Adams, Case No. 2D19-4371 (Fla. 2d DCA 2020).
A party claiming unenforceability of a mortgage due to fraud must plead fraud (not forgery) as a defense and must also prove the mortgagee seeking enforcement participated in the fraud.
Bank of America, N.A. v. De Morales, Case No. 3D19-1782 (Fla. 3d DCA 2020).
Certiorari relief generally is not available to avoid the expense of continued litigation (including discovery) but is available where immunity from litigation altogether is asserted.
Bridge Financial, Inc. v. J. Fischer & Associates, Inc., Case No. 4D19-348 (Fla. 4th DCA 2020).
The owner of 5% of a corporate entity is a sufficient “owner” such that he cannot tortiously interfere with a contract with “his” company.
Accardi v. Regions Bank, Case No. 4D20-0662 (Fla. 4th DCA 2020).
The statute of limitations set forth in Florida Statute section 95.11(5)(h) applies to a motion for a deficiency judgment brought within an existing mortgage foreclosure action.