Case Law Update for February 22, 2014

Manuel Farach | February 23, 2014 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VII, Issue 8

February 22, 2014

Manuel Farach

 

Condominium Ass’n of La Mer Estates, Inc. v. Bank of New York Mellon Corp., — So.3d —-, 2014 WL 620238 (Fla. 4th DCA 2014).

Receding from existing Fourth District precedent and its prior decision in this case, the Fourth District holds that a default final judgment based on a complaint which fails to state a cause of action is voidable, not void, and must be attacked within one year under the requirements of Florida Rule of Civil Procedure 1.540. Conflict is certified with decisions from the First and Third Districts as to this issue of law.

 

Keane v. President Condominium Ass’n, Inc., — So.3d —-, 2014 WL 626710 (Fla. 3d DCA 2014).

A license is a mere right to do or not do something on another’s real property, is not an interest in real property, and is generally revocable. A condominium parking space may consist of a revocable license.

 

Hoffman v. BankUnited, N.A., — So.3d —-, 2014 WL 627020 (Fla. 2d DCA 2014).

A foreclosure sale may not be conducted while a timely motion for rehearing of the final judgment of foreclosure remains pending and unresolved.

 


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