Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. VIII, Issue 44
Cases of interest this week include:
HFC Collection Center, Inc. v. Alexander, — So.3d —-, 2015 WL 6554404 (Fla. 5th DCA 2015).
A defendant who prevails on her defense that the contract sued upon was never properly assigned to plaintiff establishes that there is no contract between her and plaintiff, and as a result, is not entitled to contractual prevailing party attorneys’ fees.
Ensler v. Aurora Loan Services, LLC, — So.3d —-, 2015 WL 6496304 (Fla. 4th DCA 2015).
General testimony of a prior business’s record-keeping practices, without describing details, is not sufficient to lay the predicate for the Business Records Exception to the Hearsay Rule. However, the proponent of the evidence may testify as to the prior business records if the proponent has sufficient procedures in place to check the accuracy of the prior business’s records.
100 Lincoln Rd SB, LLC v. Daxan 26 (FL), LLC, — So.3d —-, 2015 WL 6499331 (Fla. 3d DCA 2015).
Review of orders regarding lis pendens is by certiorari, and a recorded declaration of condominium is a “duly recorded instrument” under Florida Statute section 48.23.
Daniels v. Sorriso Dental Studio, LLC, — So.3d —-, 2015 WL 6504461 (Fla. 2d DCA 2015).
The “lower tribunal” that determines the amount of appellate attorneys’ fees is the court whose order or judgment has been reviewed.
RREF SNV-FL SSL, LLC. v. Shamrock Storage, LLC, — So.3d —-, 2015 WL 6446074 (Fla. 1st DCA 2015).
Under Florida Statute section 56.29 (proceedings supplementary), it is the judgment debtor’s burden to prove transfers to third party for no consideration were not done in an attempt to hinder, delay or defraud creditors.