Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. IX, Issue 26
Cases of interest this week include:
Cuzzo Speed Technologies, LLC v. Lee, Case No. 15-446 (2016).
The U.S. Patent Office’s determination of the validity of patents under the “inter partes” (i.e., requested by third party) review process of 35 U. S. C. §314(d) is final and non-appealable.
Herbits v. Board Of Trustees Of The Internal Improvement Trust Fund, Case No. 1D15-1076 (Fla. 1st DCA 2016).
Conveyance of sovereign submerged lands (“SSL”) by the Trustees of the Internal Improvement Trust Fund, even if the Trustees retain a reverter right, removes the SSL designation such that private third parties have no standing to challenge the Trustees’ later modification of the deed restrictions it originally placed on the land.
Nunez v. Riley, Case No. 5D14-4386 (Fla. 5th DCA 2016).
A proposal for settlement to a single defendant in a case with multiple defendants is rendered ambiguous and unenforceable by use of the word “all damages” since the proposal would impermissibly seek to settle claims for parties other than the named party.
Home Outlet, LLC v. U.S. Bank, Case No. 5D15-2643 (Fla. 5th DCA 2016).
A plaintiff seeking to reestablish a lost note through the affidavit of a prior servicer must introduce the affidavit into evidence, and the affidavit must comply with the requirements of Florida Statute section 673.3091.