Real Property and Business Litigation Report
Volume VII, Issue 43
October 25, 2014
Felice v. Sutherland Pullen Law, PLLC, — So.3d —-, 2014 WL 5394508 (Fla. 2d DCA 2014).
An attorney’s engagement agreement may not authorize a charging lien be granted on homestead property for failure to pay contracted for fees.
2245 Venetian Court Bldg. 4, Inc. v. Harrison, — So.3d —-, 2014 WL 5394515 (Fla. 2d DCA 2014).
Relevance of financial discovery in post judgment proceedings is broader than its relevance prior to judgment, and relevant discovery includes that on third parties with connections to the judgment debtor. It is not necessary to have alleged a fraudulent conveyance to have financial discovery on third parties.
Harper v. HSBC Bank USA, Nat. Ass’n, — So.3d —-, 2014 WL 5370029 (Fla. 1st DCA 2014).
A mortgage foreclosure affirmative defense that the promissory note (not the mortgage) has not been properly accelerated is effective when the note incorporates the mortgage.
Southern Nat. Track Services, Inc. v. Gilley, — So.3d —-, 2014 WL 5370033 (Fla. 1st DCA 2014).
An express warranty in a real estate contract for sale of a modular home which claims there are no violations of “land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority….” does not merge into the deed when the “modular house” is actually a storage shed improperly converted into a residence in violation of building codes and governmental regulations.
HSBC Bank USA, N.A. v. Serban, — So.3d —-, 2014 WL 5370041 (Fla. 1st DCA 2014).
Trial court’s failure to follow Florida Rule of Civil Procedure 1.440, including setting a case for trial with less than thirty days’ notice, is waived if not objected to at trial.
Spicer v. Tenet Florida Physician Services, LLC, — So.3d —-, 2014 WL 5343503 (Fla. 4th DCA 2014).
A purported agreement to arbitrate which does not contain any reference to the procedure to be used in arbitration and does not make reference to “gap fillers” such as the Florida Arbitration Code is not a sufficient agreement and is not enforceable.
Zelaya/Capital Intern. Judgment, LLC v. Zelaya, — F.3d —-, 2014 WL 5375611 (11th Cir. 2014).
A judgment debtor may interplead the judgment amount claimed by multiple parties into the court registry, and thereby satisfy the judgment against him. There is no absolute right to a jury trial in garnishment proceedings when a jury tria