Florida Real Property and Business Law Update
Florida Real Property & Business Litigation Report, Volume 13, Issue 19
United States V. Sineneng-Smith, Case No. 19–67 (2020).
A court may not interject its own arguments into a case as doing so violates the Principle of Party Representation.
Miami-Dade County, Florida v. Publix Supermarkets, Inc., Case No. 3D19-1203 (Fla. 3d DCA 2020).
A court reviewing an agency decision on first-tier certiorari review must, pursuant to City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982), confine its evidentiary review to determine whether the agency decision (not the objector’s position) is supported by competent, substantial evidence.
Fields v. Toussie Case. Nos. 4D19-1610 & 4D19-1612 (Fla. 4th DCA 2020).
A second sanctions hearing regarding non-compliance with court orders is not necessary unless the sanctions purge was to occur outside of court parameters.
Hoti v. U.S. Bank, N.A., Case No. 4D20-2089 (Fla. 4th DCA 2020).
The Fourth District adopts Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, 140 S. Ct. 696 (2020), and amends Ricci v. Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, 276 So. 3d 5 (Fla. 4th DCA), review denied, No. SC19-1547, 2019 WL 7341587 (Fla. Dec. 30, 2019), to the extent Ricci intimated that orders entered after removal to federal court were voidable and not void.