Real Property and Business Litigation Report
Volume VIII, Issue 18
May 2, 2015
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.