Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. X, Issue 18
Cases of interest this week include:
Bank of America Corp. v. City of Miami, Case No. 15–1111 (2017).
A municipality has standing as “aggrieved person” under the Fair Housing Act, 42 U. S. C. §§3604(b), 3605(a), and may state a cause of action against a lender for discriminatory lending practices under the statute.
Mathers v. Wakulla County, Case No. 1D16-0852 (Fla. 1st DCA 2017).
Maintenance of a roadway under the requirements of Florida Statute section 95.361, not acceptance by a county, satisfies the requirements for statutory dedication of a roadway to a county. Additionally, private parties may invoke this statute section to argue that maintenance by a county has resulted in the dedication as a public roadway.
Andrea v. HSBC Bank, USA, National Association, Case No. 2D15-433 (Fla. 2nd DCA 2017).
A party need have personal knowledge that the requirements of Florida Statute section 90.803(6) were met, but there must be evidence the requirements were met.
Garcia v. Dadeland Station Associates, Ltd., Case No. 3D16-1698 (Fla. 3rd DCA 2017).
A long-term lease that is not perpetually renewable does not have the attributes of Accardo v. Brown, 139 So. 3d 848 (Fla. 2014), and is not deemed fee simple ownership of the real estate in the lessee.
Armao v. McKenney, Case No. 4D16-19 (Fla. 4th DCA 2017).
Oral cohabitation agreements that affect real property are enforceable in Florida and are not required to comply with the Statute of Frauds to be enforceable.
Kaplan v. Epstein, Case No. 4D16-1834 (Fla. 4th DCA 2017).
Review of voluntary binding arbitration beyond the circuit court is barred by Florida Statutes section 44.104 unless a constitutional issue is raised.
Trevarthen v. Charles E. Wilson III, Case No. 4D16-2032 (Fla. 4th DCA 2017).
A real estate broker may be responsible for wrongful acts of its agents if the broker accepts commissions generated by the agents.
Villasol Community Development District v. TC 12, LLC, Case No. 5D16-774 (Fla. 5th DCA 2017).
A governmental unit waives sovereign immunity for the wrongful effects of an injunction when it takes affirmative steps to obtain the injunction.