Business and Real Estate Law Update: Volume III, Issue 40
Laizure v. Avante at Leesburg, Inc., – So.3d -, 2010 WL 3808683 (Fla. 5th DCA 2010).
A broad agreement to arbitrate will encompass wrongful death claims, even if the claims are brought by an estate, i.e., a non-signatory to the arbitration agreement.
Adhin v. First Horizon Home Loans, — So.3d —-, 2010 WL 3808693 (Fla. 5th DCA 2010).
Florida Statute § 48.23 (1)(b), which requires intervention within twenty (20) days of a lis pendens being filed, does not interfere with the Florida Supreme Court’s rulemaking authority, and operates as a non-claim statute and statute of repose.
Fidelity Bank of Florida v. Nguyen, — So.3d —-, 2010 WL 3808976 (Fla. 5th DCA 2010).
A minor error in a mortgage foreclosure action still affords constructive notice as between the parties to the transaction.
CTX Mortg. Co., LLC v. Advantage Builders of America, Inc., — So.3d —-, 2010 WL 3813166 (Fla. 2d DCA 2010).
A contractor has an equitable lien on undisbursed construction proceeds to the extent the owner has been unjustly enriched.
Strax Rejuvenation and Aesthetics Institute, Inc. v. Shield, — So.3d —-, 2010 WL 3782044 (Fla. 2010).
A clerk’s date stamp is not dispositive of the date of filing a Notice of Appeal, reversing Strax Rejuvenation & Aesthetics Institute, Inc. v. Shield, 24 So.3d 666 (Fla. 4th DCA 2009).
Bates v. Betty & Ross Co., Inc., — So.3d —-, 2010 WL 3766787 (Fla. 3d DCA 2010).
Circuit court cannot overrule decision of arbitration panel as to whether an amended claim relates back to original claim and as to jurisdiction of the arbitration panel.