Real Property and Business Litigation Report
Volume V, Issue 14
April 8, 2012
Centerstate Bank Cent. Florida, N.A. v. Krause, — So.3d —-, 2012 WL 1121380 (Fla. 5th DCA 2012).
A recorded lis pendens grants no rights in the property upon which it is recorded; a lis pedens merely gives constructive notice to third parties of pending claims. Accordingly, parties listed as mortgage foreclosure defendants due to filing a lis pendens have no standing to challenge the underlying borrowing of money and executing the mortgage.
Schwartz v. Bloch, — So.3d —-, 2012 WL 1108408 (Fla. 4th DCA 2012).
A party seeking to recover attorneys’ fees from a defendant under the Wrongful Act Doctrine does need not present independent, corroborating evidence from an expert regarding attorneys’ fees.
Ziadie v. Feldbaum, — So.3d —-, 2012 WL 1108419 (Fla. 4th DCA 2012).
A proposal for settlement which conditions the proposal upon releases, indemnity and confidentiality agreements, but fails to attach the proposed agreements, is ineffective.
Rigby v. Wells Fargo Bank, N.A., — So.3d —-, 2012 WL 1108428 (Fla. 4th DCA 2012).
To establish standing, a foreclosure plaintiff must submit the note bearing a special indorsement in favor of the plaintiff, an assignment from payee to the plaintiff or an affidavit of ownership proving its status as holder of the note. Accordingly, an undated special indorsement does not, without more, establish plaintiff had standing when it filed foreclosure.
Talel Corp. v. Shimonovitch, — So.3d —-, 2012 WL 1108437 (Fla. 4th DCA 2012).
An arbitrator may, after adopting the rules of civil procedure, default a party for continued failure to follow arbitration orders. Moreover, a party in arbitration is not entitled to all the “niceties” that a party is entitled to in court proceedings. However, parties in arbitration are still entitled to a fundamentally fair process, and accordingly, are entitled to a hearing on unliquidated damages.
Kahn v. American Heritage Life Ins. Co., — So.3d —-, 2012 WL 1110117 (Fla. 1st DCA 2012).
No material fact exists for a breach of contract claim for procuring insurance policies when a party procures accounts but not insurance policies.
Dianne v. Wingate, — So.3d —-, 2012 WL 1071548 (Fla. 1st DCA 2012).
Whether installing speed bumps interferes with an easement depends on specific factual determinations, and cannot be determined on summary judgment.
In re Phillips, Slip Copy, 2012 WL 1071270 (11th Cir. 2012).
The standard for violating the bankruptcy code by failing to disclose all assets on the Statement of Financial Affairs is “knowingly and fraudulently,” but conduct that is reckless.