Real Property and Business Litigation Report

Volume V, Issue 24

June 16, 2012

Manuel Farach

Him v. Firstbank Florida, — So.3d —-, 2012 WL 2158731 (Fla. 5th DCA 2012).

A power of attorney for the specific purpose of purchasing a condominium does not confer on the grantee of the power the ability to accept service of process.

Sun Harbor Homeowners’ Ass’n, Inc. v. Bonura, — So.3d —-, 2012 WL 2120923 (Fla. 4th DCA 2012).

In order for landlord to be held responsible for discrimination for failure to make reasonable accommodation, the landlord must be notified of the disability and requested accommodation, and have an opportunity to conduct a meaningful review to determine whether the requested accommodation is required by law.

Weisenberg v. Deutsche Bank Nat. Trust Co., — So.3d —-, 2012 WL 2121196 (Fla. 4th DCA 2012).

An affidavit which demonstrates the affiant knows how the data underlying the affidavit was collected and summarized meets the requirement for the business records exception to the Hearsay Rule.

CFC of Delaware LLC v. Santalucia, — So.3d —-, 2012 WL 2122179 (Fla. 4th DCA 2012).

A claim of fraud as to a contract that contains an arbitration provision is determined by the arbitrator; a claim of fraud as to the arbitration provision alone is determined by the trial court.

Wells Fargo Bank, N.A. v. Reeves, — So.3d —-, 2012 WL 2122307 (Fla. 1st DCA 2012).

Fraud on the court is an evidentiary determination, and accordingly, cannot be made at the motion to dismiss stage. Likewise, it is error to dismiss a mortgage foreclosure complaint with prejudice for failure to comply with the court’s administrative procedures.

Good To Go Food Store, Inc. v. LRM Realty, LLP, — So.3d —-, 2012 WL 2125943 (Fla. 2d DCA 2012).

A landlord does not have to strictly follow Florida Rule of Civil Procedure Form 1.947 (Tenant Eviction) in order to state a cause of action for eviction.

Beggi v. Ocean Bank, — So.3d —-, 2012 WL 2150338 (Fla. 3d DCA 2012).

A foreclosed borrower loses standing to appeal a foreclosure judgment once he transfers the real property to a third party after judgment.