Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. VIII, Issue 49
Cases of interest this week include:
Dyck-O’Neal, Inc. v. Duffy, — So.3d —- 2015 WL 7750066 (Fla. 2d DCA 2015).
A trial court is not required to dismiss an action when an out of state plaintiff fails to file a non-resident costs bond within twenty days after motion to dismiss is filed as required by Florida Statute section 57.011.
Mederi Caretenders Visiting Services Of Southeast Florida, LLC v. White, — So.3d —- 2015 WL 7752751 (Fla. 4th DCA 2015).
The Fourth District reaffirms its holding in Infinity Home Care, L.L.C. v. Amedisys Holding, LLC, Case No. 4D14-3872, slip op. (Fla. 4th DCA November 18, 2015), that referral sources are protected under Florida Statute section 542.335.
McMillan v. Bank of New York Mellon, — So.3d —- 2015 WL 7752810 (Fla. 4th DCA 2015).
A witness cannot testify from a document (a proposed final judgment) not admitted into evidence.
U.S. Bank, N.A. v. Grant, Case No. 4D14-979, slip op. (Fla. 4th DCA December 2, 2015).
A bank’s mortgage lien takes priority over a later filed community association lien; the association lien does not relate back to the declaration of the community association unless the declaration reflects it will have priority over later filed mortgage liens.
Mauro v. Wells Fargo Bank, N.A., — So.3d —- 2015 WL 7752675 (Fla. 4th DCA 2015).
Returns of service are not excluded on hearsay grounds.
Transunion Risk and Alternative Data Solutions, Inc. v. Reilly, — So.3d —- 2015 WL 7740421 (Fla. 4th DCA 2015).
Once a party enforcing a restrictive employment covenant shows it had a legitimate business interest covered by the covenant, it is entitled to a rebuttable presumption of irreparable injury and the employee must prove the absence of injury. Likewise, a continued breach of the covenant establishes an inadequate remedy at law, substantial likelihood on the merits, and the public interest in entering an injunction.
Daniel v. Morris, — So.3d —- 2015 WL 7782828 (Fla. 5th DCA 2015).
A creditor has a non-delegable duty to ensure that a self-help repossession does not breach the peace.
Gonzalez v. BAC Home Loans Servicing, L.P., — So.3d —- 2015 WL 7781746 (Fla. 5th DCA 2015).
Business records must be moved into evidence if trial testimony on standing is based on business records.
Figueroa v. Federal National Mortgage Ass’n, — So.3d —- 2015 WL 7780850 (Fla. 5th DCA 2015).
A party seeking to reestablish a lost note must prove the statutory factors either through direct testimony or through an affidavit, and must establish the terms of the note itself.