Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. IX, Issue 28
Cases of interest this week include:
Le Scampi Condominium Ass’n, Inc. v. Hall, Case No. 2D15-3208 (Fla. 2d DCA 2016).
Courts will not insert words into a contract, and accordingly, the phrase that condominium “[u]nits may not be leased or rented for a period of less than one (1) month” does not imply that there are no further restrictions on leasing the units.
Wells Fargo Bank, N.A. v. Russell, Case Nos. 3D15-593 & 3D15-305 (Fla. 3d DCA 2016).
So long as movant proves standing by showing it owned the note both at inception and summary judgment/trial date, it cannot be denied summary judgment because an assignment of mortgage was filed four years after the suit was filed.
SunTrust Bank v. Arrow Energy, Inc., Case No. 4D15-1477 (Fla. 4th DCA 2016).
The statutes contemplate that a garnishee will be made whole for its participation in the garnishment process, thus a garnishment judgment that imposes costs against the garnishee is void because it imposes additional costs on the garnishee. Likewise, a garnishment judgment is not a money judgment that accrues interest.
Campbell v. Wells Fargo Bank, N.A., Case No. 4D16-1728 (Fla. 4th DCA 2016).
Mandamus typically will not lie to review a non-final order that a party contends was a failure of the trial court to comply with a procedural rule.
Citimortgage v. Hoskinson, Case No. 5D14-4500 (Fla. 5th DCA 2016).
A witness need only be “well acquainted enough with the activity” to give testimony based on the Business Records Exception to the Hearsay Rule.