Real Property and Business Litigation Report
Volume IV, Issue 37
September 10, 2011
Jackson Hewitt, Inc. v. Kaman, — So.3d —-, 2011 WL 3962886 (Fla. 2d DCA 2011).
A franchisor has no general duty to prevent criminal or fraudulent conduct by its franchisee.
Nunes v. Allstate Inv. Properties, Inc., — So.3d —-, 2011 WL 3903144 (Fla. 4th DCA 2011).
Equitable estoppel applies to real property transactions if a party, by her acts, words or silence, leads another to take a position in which the assertion of legal title is contrary to equity and good conscience. Accordingly, a party that knows a deed transferring property out from her is forged but takes no steps to assert the invalidity of the deed until the property has been transferred to a third party purchaser without notice is estopped to assert the deed was forged.
Glarum v. LaSalle Bank Nat. Ass’n, — So.3d —-, 2011 WL 3903161 (Fla. 4th DCA 2011).
A witness testifying under Fla. Stat. § 90.803 (6) (a), the Business Records Exception to the Hearsay Rule, must have personal knowledge or be otherwise qualified to testify with regard to the following:
(1) the record was made at or near the time of the event; (2) was made by or from information transmitted by a person with knowledge; (3) was kept in the ordinary course of a regularly conducted business activity; and (4) that it was a regular practice of that business to make such a record.
VMD Financial Services, Inc. v. CB Loan Purchase Associates, LLC, — So.3d —-, 2011 WL 3903167 (Fla. 4th DCA 2011).
Parties who are not signatories to a settlement agreement cannot be bound by its terms. Accordingly, junior mortgagees cannot be bound by a settlement agreement signed by the first mortgagor and the mortgagee.
Jones v. Publix Supermarkets, Inc., — So.3d —-, 2011 WL 3903179 (Fla. 4th DCA 2011).
When there are no additional claims between the parties or unresolved claims of third parties and while it is the better practice to do so, it is not necessary to attach a general release to or summarize its contents in a proposal for settlement.
Shulgasser-Parker v. Trinley, — So.3d —-, 2011 WL 3903182 (Fla. 4th DCA 2011).
Granting summary judgment while 10 days remains for discovery and after rolling the case to a future docket is error.
CRC 603, LLC v. North Carillon, LLC, — So.3d —-, 2011 WL 3916151 (Fla. 3d DCA 2011).
The July 1, 2010 amendment to Fla. Stat. 718.202 permitting only one escrow account is not retroactive in that it impacts vested statutory rights. Accordingly, there remains a cause of action for failure to maintain a second escrow account for deposits in excess of ten percent (10%) prior to July 1, 2010.
Krinsk v. SunTrust Banks, Inc., — F.3d —-, 2011 WL 3902998 (11th Cir. 2011).
The filing of an amended complaint will revive a previously waived right to compel arbitration under the Federal Arbitration Act.
Gentry v. Harborage Cottages-Stuart, LLLP, — F.3d —-, 2011 WL 3904087 (11th Cir. 2011).
A developer cannot structure sales of condominium units in a complex with two sets of contracts so that it remains under the 100 lot exemption to the Interstate Land Sales Act.