Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. XI, Issue 23
The PDF of this week’s Update, including the full text of each decision, can be read here.
Cases of interest this week include:
Lamar, Archer & Cofrin, LLP v. Appling, Case No. 16–1215 (2018).
The statutory language of Bankruptcy Code section 11 U.S.C. 523 (a)(2)(b) makes clear that a statement about a single asset can be a “statement respecting the debtor’s financial condition,” and also that the debt can be discharged if the statement was not in writing (even if the statement was false).
Azalea Trace, Inc. v. Matos, Case No. 1D17-753 (Fla. 1st DCA 2018).
An assignment agreement between two parties regarding funds held by a third party does not make the third party bound to the provisions of the agreement, notwithstanding the third party may be an intended third party beneficiary of the agreement.
The Bank of New York Mellon v. HOA Rescue Fund, LLC, Case No. 2D17-3291 (Fla. 2d DCA 2018).
A purchaser who bought real property after a lis pendens was recorded is generally not entitled to intervene in pending litigation, and if permitted to intervene as a junior lienor, may only participate to the extent of protecting any redemption rights.
City of Miami v. Fraternal Order of Police Lodge #20, Case No. 3D17-729 (Fla. 3d DCA 2018).
A trial court’s role in determining arbitrability under the revised Florida Arbitration Code is limited to examining “(1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.”
Rowe v. Macaw Holdings I, LLC, Case No. 4D17-2645 (Fla. 4th DCA 2018).
A trial court errs if it fails to hold an evidentiary hearing to determine the amount of rent due for deposit into the court registry pursuant to Florida Statute section 83.232(2).