Florida Real Property and Business Law Update
Florida Real Property & Business Litigation Report, Volume 13, Issue 22
Deutsche Bank National Trust Company v. Cope, Case No. 2D18-3696 (Fla. 2d DCA 2020).
A legal description on a mortgage is not unenforceably ambiguous if it describes two parcels by lot number and a third by parcel ID.
Anderson v. Letosky, Case No. 2D19-2065 (Fla. 2d DCA 2020).
Homestead property that is rented out to tenants loses its protection from creditors if the rented portion contains completely separate living quarters, e.g., separate living rooms and kitchens, and can be divided by horizontal or vertical lines, e.g., duplexes and triplexes.
Earl W. Johnston Roofing, LLC v. Hernandez, Case No. 4D19-404 (Fla. 4th DCA 2020).
A property owner may not cancel a construction lien by paying only the principal amount without paying the prevailing party’s attorney’s fees.
Schlossberg v. Estate of Sadie Kaporovsky, Case No. 4D19-2053 (Fla. 4th DCA 2020).
Generally, the settlor of an inter vivos trust may revoke her trust at any time during her lifetime by any form or instrument – including deeding trust property back to herself – after which she is free to deed former trust property to whomever she pleases.
Astro Aluminum Treating Co., Inc. v. Inter Contal, Inc., Case No. 4D19-2921 (Fla. 4th DCA 2020).
Delivery rather than shipment into Florida is determinative whether long-arm jurisdiction exists under Florida Statute section 48.193 as “[t]he mere fact that [a] contract provides for shipment to Florida is not determinative of jurisdiction, because the contract term does not mean that the contracting party is obligated to ‘deliver’ the product in Florida.”