Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. IX, Issue 7
Cases of interest this week include:
Hilton v. Pearson, — So.3d —-, 2016 WL 517105 (Fla. 1st DCA 2016).
The First District adopts the Fourth District’s opinion in Harris v. Aberdeen Property Owners Association, Inc., 135 So. 3d 365 (Fla. 4th DCA 2014), and holds that suits challenging amendments to restrictive covenants must be filed within five years of the date that the amendment is recorded.
De La Osa v. Wells Fargo Bank, N.A., — So.3d —-, 2016 WL 517466 (Fla. 3d DCA 2016).
Florida Rule of Civil Procedure 1.540 (b)(4) applies only to judgments, and not orders.
Angelini v. HSBC Bank USA, N.A., — So.3d —-,2016 WL 519533 (Fla. 4th DCA 2016).
The holder of a promissory note is not necessarily the same as the owner of the note, and for standing purposes, a holder must establish that it held the note at the time of filing of the suit.
Whetstone v. City of St. Augustine, — So.3d —-, 2016 WL 542870 (Fla. 5th DCA 2016).
Spanish colonial law extended ownership of land bordering navigable waters to the high, not the low, water mark. Additionally, landowners cannot grant additional land to themselves and any deed purporting to do so in void.
The PDF of this week’s Update can be read here.