Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. VIII, Issue 52
Florida Real Property and Business Law Update
The PDF of this week’s Update can be read here.
Please contact Manuel Farach at mfarach@mcglinchey.com for past issues of this Update.
Cases of interest this week include:
Leichester Trust, Trust Number 1920 v. Federal National Mortgage Ass’n, — So.3d —-, 2015 WL 9311434 (Fla. 2d DCA 2015).
A trial court’s or clerk’s failure to serve parties with an order or judgment, which failure inhibits the right to appeal, warrants relief under rule 1.540(b) even if the only purpose of the order granting relief is to provide an opportunity to appeal.
Keane v. The President Condominium Association, Inc., — So.3d —-, 2015 WL 9315730 (Fla. 3d DCA 2015).
Failure of a garnishor to controvert the garnishee’s claims of exemption by way of a sworn statement within the time frame set forth in the statute results in the exemption being recognized; an unsworn statement is insufficient to controvert.
Thriving Investments, LLC v. Chao, — So.3d —-, 2015 WL 9319144 (Fla. 3d DCA 2015).
A third-party purchaser at a foreclosure sale is a stranger to the action, and as a result, cannot move to vacate the final judgment of foreclosure.
City of Miami Beach, Florida v. Deutzman, — So.3d —- 2015 WL 9319145 (Fla. 3d DCA 2015).
Attorney’s fees cannot be awarded as a matter of equity, but instead must be based on a contractual or statutory provision that awards fees.