Real Estate & Business Litigation Record

Case Law Update for May 2, 2015

Manuel Farach | May 3, 2015 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VIII, Issue 18

May 2, 2015

Manuel Farach

 

J.B.J. Inv. of South Florida, Inc. v. Maslanka, — So.3d —-, 2015 WL 1942877 (Fla. 5th DC 2015).

Florida Statute section 48.23(2) imposes a “good cause” requirement for extending a lis pendens that is not founded on a duly recorded instrument, and protection of property central to the underlying litigation constitutes sufficient “good cause.”

 

Cypress Fairway Condominium Ass’n, Inc. v. Cypress Madison Ownership Co., — So.3d —-, 2015 WL 1942943 (Fla. 5th DCA 2015).

An “agreed order” on defendant’s motion to dismiss the complaint does not count as a  “dismissal” for purposes of the “two dismissal rule,” Florida Rule of Civil Procedure 1.420(a)(1), as such is not a “voluntary” dismissal.

 

ASI Holding Co., Inc. v. Royal Beach & Golf Resorts, LLC, — So.3d —-, 2015 WL 1928615 (Fla. 1st DCA 2015).

Disqualification of opposing counsel is proper under Rule of Professional Conduct 4-1.9 when opposing counsel previously represented the client in a same or substantially related matter.

 

Kinney v. Countrywide Home Loans Servicing, L.P., — So.3d —-, 2015 WL 1934290 (Fla. 4th DCA 2015).

A borrower is not entitled to a jury trial on a promissory note count tried as part of a mortgage foreclosure as the lender’s remedy for the promissory note is actually a mortgage foreclosure deficiency tried through the promissory note.

 

Resnick v. J. Weinstein and Sons, Inc., — So.3d —-, 2015 WL 1934537 (Fla. 4th DCA 2015).

An agreed two-step dispute resolution process where a neutral party makes a determination followed by binding arbitration does not make the neutral party’s decision non-appealable, and does not confer jurisdiction to arbitrate on the same third party.

 

Gonzalez v. Barrenechea, — So.3d —-, 2015 WL 1940784 (Fla. 3d DCA 2015).

An appraiser’s failure to make a proper adjustment between different properties goes to the weight, not the legal sufficiency, of the appraiser’s opinion.

 

London v. Dubrovin, — So.3d —-, 2015 WL 1940786 (Fla. 3d DCA 2015).

The remedy for unfair surprise during trial is a continuance, and the failure to request or accept a continuance offered by the trial court precludes reversal on appeal.

 

 

 

Kendall Commercial Associates, LLC v. Drakes, LLC, — So.3d —-, 2015 WL 1945064 (Fla. 3d DCA 2015).

A court may not grant summary judgment on matters not moved for summary judgment nor noticed for hearing.

 

In re Valone, — F.3d —-, 2015 WL 1918138 (11th Cir. 2015).

Chapter 13 bankruptcy debtors who do not claim the homestead exemption may instead choose the “wildcard” exemption” under Florida Statute section 222.25(4) even if they protect their home through the use of the Chapter 13 bankruptcy process.

 

Home Legend, LLC v. Mannington Mills, Inc., — F.3d —-, 2015 WL 1918254 (11th Cir. 2015).

Mere originality, not complete novelty, is all that is required for a work to be copyrightable. Accordingly, flooring design which applies creativity to make a non-wood product look like wood planks is copyrightable.

 

Ekins v. Harbourside Funding, LP, — Fed.Appx. —-, 2015 WL 1898451 (11th Cir. 2015).

A settlement agreement is a different contract than the underlying contract or claim, and does not impact Florida Statute 475.11 (real estate commissions can only be paid to licensed agents) even if the underlying claim is one for payment of real estate commissions.

 

F.D.I.C. v. First American Title Ins. Co., — Fed.Appx. —-, 2015 WL 1906139 (11th Cir. 2015).

A bank which purchases all the assets of a failed institution from the F.D.I.C. is entitled to enforce claims against title insurers the failed bank previously possessed.

 

 


Case Law Update for April 25, 2015

Manuel Farach | April 25, 2015 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VIII, Issue 17

April 25, 2015

Manuel Farach

 

Fiorentino v. BAC Home Loans, L.P., — So.3d —-, 2015 WL 1851566 (Fla. 5th DCA 2015).

A trial court cannot enter a “final summary judgment” as its judgment after a trial.

 

Amelia Island Restaurant II, Inc. v. Omni Amelia Island, LLC, — So.3d —-, 2015 WL 1809308 (Fla. 1st DCA 2015).

The non-compete provisions of Florida Statute section 542.335 are meant to apply to personal contracts, and are not meant to create exclusivity provisions for leases.

 

Newborn v. Isbell, — So.3d —-, 2015 WL 1809314 (Fla. 1st DCA 2015).

The prevailing party in an action under the Florida Power of Attorney Act is entitled to an award of attorney’s fees.

 

Jax Utilities Management, Inc. v. Hancock Bank, — So.3d —-, 2015 WL 1809322 (Fla. 1st DCA 2015).

The one year statute of limitations to enforce an equitable lien under Florida Statute section 95.11(5)(b) runs from the last furnishing labor, materials or services to improve the project. Moreover and by its enactment, Florida Statute section 713.3471(2) eliminated common law remedies of contractors to sue lenders for improvements to projects by contractors and lienors.

 

AHF-Bay Fund, LLC v. City of Largo, — So.3d —-, 2015 WL 1809577 (Fla. 2d DCA 2015).

It is unconstitutional and in violation of Florida Statute section 196.1978 for a local government to require payments under a PILOT program in lieu of ad valorem taxes.

 

Laquer v. Falcone, — So.3d —-, 2015 WL 1810318 (Fla. 3d DCA 2015).

The voluntary dismissal of the cross-claims that contain the dispute’s only arbitration clauses renders the arbitrator without jurisdiction to enter an award.

 

Firstbank Puerto Rico v. Othon, — So.3d —-, 2015 WL 1813996 (Fla. 4thDCA 2015).

Although granting continuances of foreclosure sale dates is within the discretion of the trial court, compassion, benevolence, hopes of a short sale, and medical illness are not legally cognizable grounds for postponement of the sale.


Case Law Update for April 18, 2015

Manuel Farach | in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VIII, Issue 16

April 18, 2015

Manuel Farach

 

Hahamovitch v. Delray Property Investments, Inc., — So.3d —-, 2015 WL 1652713 (Fla. 4th DCA 2015).

A merger and integration clause in a contract does not bar a fraud claim. Real estate contracts are subject to an implied duty of good faith and fair dealing, but the implied duty cannot contravene an express term, must be pursued in conjunction with a breach of contract claim, and applies only to the purportedly breached term.

 

Frisbie v. Carolina Cas. Ins. Co., — So.3d —-, 2015 WL 1736905 (Fla. 5th DCA 2015).

The affirmative defense of unclean hands typically requires determination of disputed issues of fact, and thus cannot usually be resolved on summary judgment.

 

Burlington & Rockenbach, P.A. v. Law Offices of E. Clay Parker, P.A., — So.3d —-, 2015 WL 1736915 (Fla. 5th 2015).

A contract must be interpreted as a whole, and the manner of use of the word “settled” in this attorneys’ engagement agreement means “resolved by any means” when the engagement agreement is read as a whole.

 

Audiffred v. Arnold, — So.3d —-, 2015 WL 1724250 (Fla. 2015).

A single offer to a single offeree that requests resolution of claims by or against additional parties (who are not offerors nor offerees) is a “joint proposal” that is subject to the apportionment requirement of the offer of judgment statute.

 

Colson v. State Farm Bank, F.S.B., — So.3d —-, 2015 WL 1650300 (Fla. 2d DCA 2015).

The amount of indebtedness in a mortgage foreclosure trial cannot be determined merely by the introduction of the loan payment history.

 

Griffin Industries, LLC v. Dixie Southland Corp., — So.3d —-, 2015 WL 1652599 (Fla. 4th DCA 2015).

A tenant cannot terminate a lease based on constructive eviction unless the premises are unsafe, unfit or unsuitable for the demised purposes; standing storm water on the premises is not a constructive eviction unless the standing water creates a safety issue or interferes with the tenant’s operations. A landlord has no duty to mitigate damages, but if it does, a breaching tenant is responsible for the difference between its rent and rent paid by the substitute tenant if the landlord mitigates by obtaining a new tenant.

 

Florida Power & Light Co. v. Hicks, — So.3d —-, 2015 WL 1667033 (Fla. 4th DCA 2015).

In distinction to the work product privilege, attorney-client documents continue to be protected notwithstanding a showing of relevance and necessity for the documents.


Case Law Update for April 11, 2015

Manuel Farach | in Uncategorized | Comments (0)

Real Property and Business Litigation Report

Volume VIII, Issue 15

April 11, 2015

Manuel Farach

 

R.J. Reynolds Tobacco Co. v. Townsend, — So.3d —-, 2015 WL 1578537 (Fla. 1st DCA 2015).

The interest rate applied to unpaid amounts on a judgment changes whenever the statutory rate changes, i.e., the interest rate on date of a judgment does not remain the same if the statutory rate changes over the life of the unpaid judgment.

 

Morejon v. F & M Real Estate, Inc., — So.3d —-, 2015 WL 1542215 (Fla. 2d DCA 2015).

A circuit court may not, as part of a mediation order, compel a mortgagor to provide financial information prior to judgment that would not otherwise be discoverable in the litigation prior to judgment.

 

Cornerstone SMR, Inc. v. Bank of America, N.A., — So.3d —-, 2015 WL 1545006 (Fla. 4th DCA 2015).

The Contribution Amongst Joint Tortfeasors statute, Florida Statute section 768.041, applies to judgments received and not losses incurred. Accordingly, the statute sets off recovery from the total settlement amount if there was an undifferentiated or undetailed settlement agreement which failed to set forth which claims or actions were settled.

 

Tilus v. AS Michai LLC, — So.3d —-, 2015 WL 1545223 (Fla. 4th DCA 2015).

An assignment of mortgage, even if dated prior to the filing of the foreclosure lawsuit, does not demonstrate standing if it does not also assign the note.

 

Schindler v. Bank of New York Mellon Trust Co., — So.3d —-, 2015 WL 1545225 (Fla. 4th DCA 2015).

Lender may not seek to foreclose upon the same default or breach as that of a case that in which it previously has not prevailed.

 

Padgett v. Kessinger, — So.3d —-, 2015 WL 1545228 (Fla. 4th DCA 2015).

Claims for fraud in the inducement and for breach of contract are separate and distinct for purposes of awarding attorneys’ fees.

 

Stranburg v. Panama Commons L.P., — So.3d —-, 2015 WL 1546080 (Fla. 1st DCA 2015).

The tax exemption for affordable housing under Florida Statute section 196.1978 cannot be repealed retroactively.

 

Nestor v. Ward, — So.3d —-, 2015 WL 1578710 (Fla. 3d DCA 2015).

A court may only confirm or vacate an arbitration award, and may not “clarify” an award by modification.


Case Law Update for March 28, 2015

Manuel Farach | in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VIII, Issue 13

March 28, 2015

Manuel Farach

 

Florida Department of Transportation v. Clipper Bay Investments, LLC, — So.3d —-, 2015 WL 1379975 (Fla. 2015).

Land held in fee simple by the Florida Department of Transportation (“FDOT”) qualifies for the right of way exception under the Marketable Record Title Act, Florida Statute section 712.03 (“MRTA”), and all parts of the property held in fee by FDOT (whether currently used as a right of way or not) are exempt from the application of MRTA.

 

Joara Freight Lines, Inc. v. Perez, — So.3d —-, 2015 WL 1313203 (Fla. 3d DCA 2015).

Parties may not be referred to a special master without their consent as doing so violates Florida Rule of Civil Procedure 1.490 (c).

 

Corkidi v. Franco Investments, LLC, — So.3d —-, 2015 WL 1315952 (Fla. 3d DCA 2015).

Upon remand, a trial court has the authority to carry out the implicit – as well as the explicit – instructions of the appellate court opinion.

 

White v. Ocwen Loan Servicing, LLC, — So.3d —-, 2015 WL 1319777 (Fla. 3d DCA 2015).

The twenty-day notice requirement of Florida Rule of Civil Procedure 1.510 (c) is not jurisdictional and may be waived by failing to timely object.

 

Seffar v. Residential Credit Solutions, Inc., — So.3d —-, 2015 WL 1334288 (Fla. 4th DCA 2015).

In order to be a “holder” of a negotiable instrument, the instrument must be indorsed to the person or indorsed in blank. A non-holder in possession of a negotiable instrument may enforce the instrument, but must prove the “chain of custody” of the instrument.

 

Lloyd v. Bank of New York Mellon, — So.3d —-, 2015 WL 1334292 (Fla. 4th DCA 2015).

When relying on an undated indorsement to prove standing at time of filing foreclosure suit, plaintiff must introduce evidence the indorsement was signed prior to filing suit.

 

Matthews v. Federal Nat. Mortg. Ass’n, — So.3d —-, 2015 WL 1334310 (Fla. 4th DCA 2015).

A backdated assignment does not establish standing to foreclose a mortgage.

 

 

 

 

Saulnier v. Bank of America, N.A., — So.3d —-, 2015 WL 1334317 (Fla. 4th DCA 2015).

A subordindate lienholder must claim surplus foreclosure sale funds by filing a claim under Florida Statute section 45.031(1)(a) within sixty days of foreclosure sale; failure to receive a copy of the foreclosure judgment does not waive the statutory requirement.

 

B & B Hardware, Inc. v. Hargis Industries, Inc., — S.Ct. —-, 2015 WL 1291915 (2015).

Decisions of the Trademark Trial and Appeal Board can form the basis for issue preclusion of issues and cases brought under the Lanham Act.

 

 


Case Law Update for March 21, 2014

Manuel Farach | March 21, 2015 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VIII, Issue 12

March 21, 2015

Manuel Farach

 

Estate of Williams v. Jursinski, — So.3d —-, 2015 WL 1259497 (Fla. 2d DCA 2015).

Notwithstanding the dictates of Florida State section 682.03 (6) (“If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.”) and even if all the defendants in the lawsuit are related, a claimant may avoid arbitration by dropping parties from the lawsuit not subject to the arbitration clause.

 

AG Beaumont 1, LLC v. Wells Fargo Bank, N.A., — So.3d —-, 2015 WL 1259649 (Fla. 2d DCA 2015).

Privileged documents exchanged between counsel for joint defendants pursuant to a joint defense agreement are protected by the attorney-client privilege.

 

Boyette v. BAC Home Loans Servicing, LP, — So.3d —-, 2015 WL 1211771 (Fla. 2d DCA 2015).

In order to be affirmed on appeal, a final judgment of foreclosure requires competent, substantial evidence of both the main damages (the amounts outstanding on the note and mortgage) and the collateral damages and costs (prejudgment interest, costs of property inspections, attorneys’ fees calculations, etc.).

 

Fernandez v. Office of Financial Regulation, — So.3d —-, 2015 WL 1222679 (Fla. 4th DCA 2015).

Appellate jurisdiction may not be conferred by stipulation of trial counsel, even if all trial counsel agree they did not timely receive the order on appeal.

 

Bianchi & Cecchi Services, Inc. v. Navalimpianti USA, Inc., — So.3d —-, 2015 WL 1223663 (Fla. 3d DCA 2015).

A trial court must balance the privacy interests of third parties against the need of litigants for information from the third parties; the trial court has discretion in how to conduct its inquiry and is not necessarily required to hold an evidentiary hearing or conduct an in camera review of the documents in order to do so.

 

Bank of America, N.A. v. Pate, — So.3d —-, 2015 WL 1135923 (Fla. 1st DCA 2015).

Concurring opinion details facts constituting unclean hands defense to foreclosure.

 

In re Intern. Management Associates, LLC, — F.3d —-, 2015 WL 1245503 (11th Cir. 2015).

Except for privilege issues, a trial court is not bound by the rules of evidence in making the preliminary determination of whether evidence is admissible. A person testifying as to business records must demonstrate the trustworthiness of the records, but need not have personal knowledge of how the records were created or kept in order to testify.


Case Law Update for March 7, 2015

Manuel Farach | in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VIII, Issue 11

March 14, 2015

Manuel Farach

 

Bank of New York Mellon v. Mestre, — So.3d —-, 2015 WL 1071113 (Fla. 5th DCA 2015).

A note and mortgage that is fraudulently executed is not an enforceable contract, and thus does not provide prevailing defendants with a basis for contractual attorneys’ fees.

 

Fiore v. Hilliker, — So.3d —-, 2015 WL 1088449 (Fla. 2d DCA 2015).

Summary judgment is not appropriate if there are two reasonable interpretations of a contract because there remains an issue of fact regarding the parties’ intent.

 

Sybac Solar AG, Co. v. Falz, — So.3d —-, 2015 WL 1088480 (Fla. 2d DCA 2015).

While a written order deciding a forum non conveniens motion need not detail the trial court’s four-step analysis under Florida Rule of Civil Procedure 1.061(a), the record must demonstrate the court considered and ruled on the factors.

 

In re Amendments to Florida Rule of Appellate Procedure 9.210, — So.3d —-, 2015 WL 1058130 (Fla. 2015).

The rule is amended to permit longer appellate briefs in death penalty cases.

 

Harold v. Sanders, — So.3d —-, 2015 WL 1034621 (Fla. 2d DCA 2015).

If an arbitrator serves a Florida Statute section 44.103 arbitration decision by mail, Florida Rule of Civil Procedure 1.090(e) adds five days to the date by which a party objecting to the non-binding arbitration under must demand a trial de novo.

 

Tilus v. AS Michai LLC, — So.3d —-, 2015 WL 1040522 (Fla. 4th DCA 2015).

An undated blank indorsement on a promissory note filed after suit is filed does not demonstrate standing at time of filing suit. Likewise, an assignment of mortgage does not confer standing.

 

JBK Associates, Inc. v. Sill Bros., Inc., — So.3d —-, 2015 WL 1040603 (Fla. 4th DCA 2015).

The investment of homestead sale proceeds in securities was not so inconsistent with the purposes of the homestead exemption that the funds lost their status as protected claims of creditors.

 

Bymel v. Bank of America, N.A., — So.3d —-, 2015 WL 1044247 (Fla. 3d DCA 2015).

A short-sale purchaser has a sufficient interest in the real property that he is entitled to intervene in the foreclosure proceedings regarding the property.

 

 

 

Russell Post Properties, Inc. v. Leaders Bank, — So.3d —-, 2015 WL 1044276 (Fla. 3d DCA 2015).

While the better practice is to attach a copy of the general release to a Proposal for Settlement, a sufficient description can substitute for the release itself.

 

Russell v. Southeast Housing, LLC, — So.3d —-, 2015 WL 1044315 (Fla. 3d DCA 2015).

Real property that is being jointly developed by the federal government and a private developer is exempt from ad valorem taxation if the federal government retains both equitable and beneficial ownership of the land.

 

Rollet v. de Bizemont, — So.3d —-, 2015 WL 1044369 (Fla. 3d DCA 2015).

An allegation that a defendant is “sui juris” is insufficient to confer long-arm jurisdiction.

 

CK Regalia, LLC v. Thornton, — So.3d —-, 2015 WL 1044400 (Fla. 3d DCA 2015).

Former clients may not file a declaratory judgment action attacking charging liens before the original action (to which the charging liens apply) is determined to be successful, i.e., before there is a fund to which the charging liens can attach.

 

Lary v. Trinity Physician Financial & Ins. Services, — F.3d —-, 2015 WL 1089326 (11th Cir. 2015).

A single facsimile can constitute two violations of the Telephone Consumer Protection Act, but treble damages for “willful and knowing” requires proof that sender knew they were sending a facsimile and that it was wrong to do so under the circumstances.

 

In re Seaside Engineering & Surveying, Inc., — F.3d —-, 2015 WL 1061718 (11th Cir. 2015).

Although they should not be issued lightly, bankruptcy courts have authority to approve non-consensual non-debtor releases or bar orders in bankruptcy restructuring plan


Case Law Update for February 28, 2015

Manuel Farach | March 3, 2015 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VIII, Issue 9

February 28, 2015

Manuel Farach

 

City of Jacksonville v. Smith, — So.3d —-, 2015 WL 798154 (Fla. 1st DCA 2015).

Construction or development on an adjacent parcel does not “inordinately burden” a parcel of real property so as to provide compensation under the Bert Harris Act, Florida Statute § 70.001.

 

HSBC Bank USA, Nat. Ass’n v. Karzen, — So.3d —-, 2015 WL 798946 (Fla. 1st DCA 2015).

If the affected party has notice of the claim during the limitations period, an amended complaint relates back to the filing date of the original claim even if the amended claim is filed beyond the statute of limitations period.

 

Hart v. Wachovia Bank, Nat. Associates, — So.3d —-, 2015 WL 798961 (Fla. 1st DCA 2015).

The waiver provisions of a guaranty may suffice as the “agreed otherwise in writing” requirement of Florida Statute section 222.11 for written consent to a continuing writ of garnishment.

 

Edge Pilates Corp. v. Tribeca Aesthetic Medical Solutions, LLC, — So.3d —-, 2015 WL 774635 (Fla. 4th DCA 2015).

A landlord proves a prima facie case for eviction when it proves the rental agreement, failure to make required rental payments, and the service of a three day notice.

 

Club Mediterranee, S.A. v. Fitzpatrick, — So.3d —-, 2015 WL 799256 (Fla. 3d DCA 2015).

A court will look to the factual allegations of a complaint, not the causes of action asserted, in determining whether a law suit falls within an arbitration provision.

 

Two Islands Development Corp. v. Clarke, — So.3d —-, 2015 WL 799270 (Fla. 3d DCA 2015).

A court cannot issue an injunction which interferes with the rights of those who are not parties to the litigation.

 

Lorant v. Whitney Nat. Bank, — So.3d —-, 2015 WL 754244 (Fla. 1st DCA 2015).

A party may not “supplement” its final judgment (including substantive provisions that allow deficiency judgments to be domesticated in foreign jurisdictions) under Florida Rule of Civil Procedure 1.540 (a) as the rule only corrects clerical mistakes.

 

In re Rosenberg, — F.3d —-, 2015 WL 845578 (11th Cir. 2015).

A debtor may be awarded trial court and appellate attorneys’ fees for a bad faith filing of an involuntary petition which is later dismissed.


Case Law Update for February 21, 2015

Manuel Farach | February 21, 2015 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VIII, Issue 8

February 21, 2015

Manuel Farach

 

McCullough v. Kubiak, — So.3d —-, 2015 WL 672353 (Fla. 4th DCA 2015).

A defamatory statement made during the course of a judicial proceeding, i.e., a deposition, is absolutely privileged. DelMonico v. Traynor, 116 So.3d 1205 (Fla.2013), is distinguished as it involved defamation outside of a court proceeding, i.e., defamation during the out of court questioning of a non-party witness.

 

 


Case Law Update for February 14, 2015

Manuel Farach | February 14, 2015 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VIII, Issue 7

February 14, 2015

Manuel Farach

 

Faddis v. City of Homestead, — So.3d —-, 2015 WL 543128 (Fla. 3d DCA 2015).

An appellate court may sua sponte award fees as a sanction under Florida Statute § 57.105, and may require the fees sanction to be paid by counsel alone.

 

Salazar v. HSBC Bank, USA, NA, — So.3d —-, 2015 WL 543411 (Fla. 3d DCA 2015).

Objections to a foreclosure sale can only be directed to the sale (not the underlying litigation or the judgment itself), and must demonstrate fraud, mistake or other irregularity in the conduct of the sale.

 

Foche Mortg., LLC v. CitiMortgage, Inc., — So.3d —-, 2015 WL 548405 (Fla. 3d DCA 2015).

A trial court is without jurisdiction to rule on an untimely motion seeking relief under Florida Rule of Civil Procedure 1.530.

 

Meadowbrook Meat Co. v. Catinella, — So.3d —-, 2015 WL 574042 (Fla. 2d DCA 2015).

Orders granting motions for new trial are subject to a heightened abuse of discretion standard, i.e., a stronger showing of abuse of discretion is required to overturn an order granting a new trial than is required to sustain an order denying a motion for new trial.

 

Skelton v. Lyons, — So.3d —-, 2015 WL 574248 (Fla. 2d DCA 2015).

A purchaser at foreclosure sale has a protectable legal interest, and the foreclosure sale may not be aside without due process to the foreclosure sale purchaser, i.e., notice and a legal basis for vacating the sale.

 

Wiand v. Schneiderman, — F.3d —-, 2015 WL 525694 (11th Cir. 2015).

Clawback actions brought by court-appointed receivers are not exempt from having to arbitrate those claims subject to arbitration under the Federal Arbitration Act.