Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. IX, Issue 13
Cases of interest this week include:
Bishop v. Ross, Earle & Bonan, P.A., Case No. 15-12585 (11th Cir. 2016).
A notice to a debtor under the Fair Debt Collection Practices Act (FDCPA) must inform the debtor that any disputes must be in writing. Likewise, a communication to a debtor’s attorney qualifies as a communication to the debtor herself.
The Original Brooklyn Water Bagel Co., Inc. v. Bersin Bagel Group, LLC, Case No. 15-11748 (11th Cir. 2016).
The Anti-Injunction Act, 28 U.S.C. § 2283, restricts the ability of the federal court to limit the actions a party may take in state court.
Hyman v. Daoud, Case No. 3D14-2984 (Fla. 3d DCA 2016).
A trial judge has broad discretion under the Florida Declaratory Action Act, including the power to determine the ownership of business entities and percentages of ownership.
Verena Von Mitschke-Collande v. Skipworth Properties Limited, Case No. 3D15-1501 (Fla. 3d DCA 2106).
Upon a defendant not being served within 120 days of filing of the complaint, the trial court has three options: “(1) direct that service be effected within a specified time; (2) dismiss the action without prejudice; or (3) drop [the unserved] defendant as a party.” Where good cause has been shown for the untimely service, the trial court has no discretion other than to extend the time for service. Where the statute of limitations has run, discretion should normally be exercised in favor of extending the time for service of process.
Deutsche Bank National Trust Company v. Altos Del Mar (7701 Collins Ave) LLC, Case No. 3D15-1647 (Fla. 3d DCA 2016).
A trial court may not grant an involuntary dismissal before the plaintiff has finished presenting its case-in-chief.
Endsley v. Broward County, Case No. 4D14-3997 (Fla. 4th DCA 2016).
Receipt of multiple homestead exemptions is specifically prohibited by the language of Article VII, section 6(b) of the Florida Constitution and Florida Statute section 196.031(5).