Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. IX, Issue 23
Cases of interest this week include:
United States Army Corps of Engineers v. Hawkes Co., — S.Ct. —-, 2016 WL 3041052 (2016).
A determination by the Corps of Engineers that land contains waters covered by the anti-discharge provisions of the Clean Water Act, 33 U. S. C. §§1311(a), 1362(7), constitutes “final agency action” that can be immediately challenged by the landowner without the necessity of seeking a permit or risking possible enforcement action.
Securities and Exchange Commission v. Graham, — F.3d —-, 2016 WL 3033605 (11th Cir. 2016).
28 U.S.C. § 2462 bars the Securities and Exchange Commission from bringing claims for damages unless brought within five years. However, the limitations provision does not apply to claims for injunctions.
Hewett v. Wells Fargo Bank, N.A., — So. 3d —-, 2016 WL 3065014 (Fla. 2d DCA 2016).
A debtor in bankruptcy, as the result of the automatic stay, may not file an appeal.
Wells Fargo Bank v. Sawh, — So. 3d —-, 2016 WL 3065812 (Fla. 3d DCA 2016).
A trial court must hold a trial or evidentiary hearing in order to judicially determine the amounts necessary to redeem a mortgage under Florida Statute section 45.0315.
Segall v. Wachovia Bank, N.A., — So. 3d —-, 2016 WL 3065599 (Fla 4th DCA 2016).
A party seeking to prove standing as the surviving corporate entity after a merger must offer evidence that all of the prior entity’s assets were merged into the surviving entity.
Deutsche Bank National Trust Company v. Baker, — So. 3d —-, 2016 WL 3087775 (Fla. 4th DCA 2016).
Even if evidence of damages was erroneously admitted, a lender states a prima facie case for foreclosure upon admission of evidence of the default and damages.
Bunin v. Matrixx Initiatives, Inc., — So. 3d —-, 2016 WL 3090777 (Fla. 4th DCA 2016).
The changes to Florida Statute 90.702 (the adoption of the Daubert standard for expert testimony) are procedural or remedial and are to be applied retroactively.