Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. VIII, Issue 47
Cases of interest this week include:
HSBC Bank, USA v. Cook, No. 1D14-3054, slip op. (Fla. 1st DCA November 19, 2015).
A court need not list the Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993), factors if the order on appeal demonstrates the factors were considered and ruled upon.
Surloff v. Regions Bank, No. 4D14-842, slip op. (Fla. 4th DCA November 18, 2015).
A bank that communicates loan denial information to an applicant is not responsible for the applicant’s suicide, notwithstanding the “Undertaker’s Doctrine” and notwithstanding the bank knew the applicant’s unstable mental condition, as the bank has no special duty to the applicant and legal duty requires more than foreseeability alone.
PLCA Condominium Association v. Amtrust-NP SFR Venture, LLC, Case No. 4D14-2186, slip op. (Fla. 4th DCA November 18, 2015).
Unless jurisdiction to do so is specifically retained, a trial court has no jurisdiction to determine Florida Statute section 718.116 (1)(b) “safe harbor” amounts after final judgment of foreclosure.
Environ Towers I Condominium Association, Inc. v. Virginia Hokenstrom And Holly Hokenstrom, Case No. 4D14-3376, slip op. (Fla. 4th DCA November 18, 2015).
There can be more than one “prevailing party” for attorneys’ fees purposes in litigation between a condominium association and a unit owner.
Infinity Home Care, L.L.C. v. Amedisys Holding, LLC, Case No. 4D14-3872, slip op. (Fla. 4th DCA November 18, 2015).
Referral sources are legitimate business interests subject to protection by covenants not to compete under Florida Statute section 542.335; conflict certified with Florida Hematology & Oncology v. Tummala, 927 So.2d 135 (Fla. 5th DCA 2006).
Udick v. Harbor Hills Development, L.P., Case No. 5D14-2876, slip op. (Fla. 5th DCA November 20, 2015).
Homeowners bind all other homeowners under res judicata principles when they conclude a derivative action against an association.