Real Property and Business Litigation Report

Volume V, Issue 11

March 10, 2012

Manuel Farach

 

Washington County v. Northwest Florida Water Management Dist., — So.3d —-, 2012 WL 879284 (Fla. 1st DCA 2012).

Fla. Stat. § 373.709 (5) permits an administrative challenge under Chapter 120 of the Florida Statutes to a regional water management plan if the proposed plan affects a party’s substantial interests.

 

Airan2 v. Cadence Bank, N.A., — So.3d —-, 2012 WL 880651 (Fla. 2d DCA 2012).

Fla. Stat. § 57.105 fees not proper against co-counsel who filed a pleading that was superseded by a subsequent pleading upon which the case was tried.

 

Bennett v. Berges, — So.3d —-, 2012 WL 832730 (Fla. 4th DCA 2012).

A petition for writ of certiorari arising from an order requiring in camera  review of purportedly privileged materials is premature if the materials have not yet been reviewed by the trial court.

 

Byers v. FIA Card Services, N.A., — So.3d —-, 2012 WL 832758 (Fla. 4th DCA 2012).

Filing a motion for enlargement of time does amount to participating in litigation, and therefore, does not waive the defense of lack of jurisdiction.

 

Parris v. Silveira, — So.3d —-, 2012 WL 832760 (Fla. 4th DCA 2012).

Party is not subject to civil contempt of court for filing false documents in a case unless the party is under order of court to file the documents.

 

Trucap Grantor Trust 2010-1 v. Pelt, — So.3d —-, 2012 WL 832784 (Fla. 2d DCA 2012).

Florida Rule of Civil Procedure 1.110 (b) providing that foreclosure complaints may be “verified” by a party swearing to their “best knowledge and belief” does not require a party to swear that allegations are “true” without qualification under Fla. Stat. § 95.525 (4) (b).

 

DiGiovanni v. BAC Home Loans Servicing, L.P., — So.3d —-, 2012 WL 832790 (Fla. 2d DCA 2012).

Titling a pleading a “general appearance” does not create a general appearance unless the pleading seeks affirmative relief.

 

Beach Community Bank v. First Brownsville Co., — So.3d —-, 2012 WL 832794 (Fla. 1st DCA 2012).

In deficiency judgment proceedings, a trial court may not reject uncontroverted expert witness testimony concerning technical evidence unless it is palpably unreasonable or so illogical that it is unworthy of belief. On the other hand, non-expert testimony may be refuted by lay testimony.

 

Lance Block, P.A. v. Searcy, Denney, et al., — So.3d —-, 2012 WL 832795 (Fla. 1st DCA 2012).

Orders entered simultaneously with or subsequent with a trial judge’s recusal are void.

 

Drury v. National Auto Lenders, Inc., — So.3d —-, 2012 WL 832813 (Fla. 3d DCA 2012).

Constructive service of process under Fla. Stat. § 49.011 may only be used for in rem or quasi in rem proceedings, and therefore, cannot be used to “serve” a party in a guaranty or other contract action.

 

Apartment Inv. and Mgmt. Co. v. Flamingo/South Beach 1 Condominium Ass’n, Inc., — So.3d —-, 2012 WL 832828 (Fla. 3d DCA 2012).

Arbitration is not required when the agreement to arbitrate between parties contains an exception to arbitration for equitable relief, and a complaint seeks only equitable relief.

 

Federal Home Loan Mortg. Corp. v. De Souza, — So.3d —-, 2012 WL 832838 (Fla. 3d DCA 2012).

A foreclosure judgment may be vacated under Florida Rule of Civil Procedure 1.540 (b) only upon specific allegations of fraud.

 

Smith v. Sylvester, — So.3d —-, 2012 WL 762035 (Fla. 1st DCA 2012).

The five day “mailbox” rule applies under the Administrative Procedures Act when an administrative agency sets a discretionary deadline by U.S. Mail and the deadline is computed by reference to a period of time.

 

Bourff v. Rubin Lublin, LLC, Slip Copy, 2012 WL 851626 (11^th Cir. 2012).

An assignee of a debt is not a “creditor” under the Fair Debt Collection Practices Act, and an assignee claiming to be a “creditor” is a violation of the Act.