Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. VIII, Issue 46
Cases of interest this week include:
Pottinger v. City of Miami, Case No. 14-13287 (11th Cir. November 10, 2015).
A settlement agreement which provides for an award of prevailing party attorneys’ fees upon enforcement of the settlement agreement does not entitle movant to attorney’s fees for successfully opposing modification of the settlement agreement.
In re Amendments to Rule of Appellate Procedure 9.200, — So. 3d —-2015 WL 7009490 (Fla. 2015).
The rule regarding the appellate record is revised on technical grounds, including requiring the pages in the record to match the pagination in the PDF reader.
Zander v. Cima, Case No. 2D14-5866 (Fla. 2nd DCA November 13, 2015).
The balloon mortgage statute (Florida Statute section 697.05) does not apply to seller-financed mortgages and typically not to first mortgages.
Nationstar Mortg., LLC v. Prine, — So. 3d —- 2015 WL 7008151 (Fla. 3d DCA 2015).
A presumption of good service arises from the certificate of service on a court order, but the presumption is rebuttable where the email address on the court order is incorrect and there is no evidence that the intended recipients received the order.
Sena v. Periera, Case No. 4D14-2790 (Fla. 4th DCA November 12, 2015).
A tenant is barred by res judicata from raising, in a second suit, specific performance and fraudulent inducement claims based on a purported option contract when the tenant unsuccessfully raised the option contract issue in a prior eviction suit.
Hicks v. Wells Fargo, — So. 3d —- 2015 WL 7017440 (Fla. 5th DCA 2015).
A subsequent and different default allows a lender to file a new mortgage foreclosure sit so long as the second suit is filed within the statute of limitations.