Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. VIII, Issue 43
Cases of interest this week include:
Haines V. Black Diamond Properties, Inc., — So.3d —-, 2015 WL 6393808 (Fla. 5thDCA 2015).
A motion seeking attorneys’ fees after issuance of the appellate mandate must be filed within thirty (30) days of the issuance of the mandate otherwise it is untimely under Florida Rule of Civil Procedure 1.525.
Segalis v. Roof Depot USA, LLC, — So.3d —-, 2015 WL 6160673 (Fla. 4th DCA 2015).
A notice of appearance by counsel does not waive the party’s objections to personal jurisdiction; the party must seek affirmative relief in order to consent to jurisdiction.
City of Miami v. Diocese of Newton Melkite Church, — So.3d —-, 2015 WL 6161352 (Fla. 3d DCA 2015).
On second-tier certiorari review, an appellate court may only inquire whether the circuit court afforded procedural due process and applied the correct law.