Real Property and Business Litigation Report
Volume VI, Issue 20
May 18, 2013
Hagood v. Wells Fargo N.A., — So.3d —-, 2013 WL 2112432 (Fla. 5th DCA 2013).
An issue not raised in the Initial Brief on Appeal is waived.
Saltzman v. Hadlock, — So.3d —-, 2013 WL 2113799 (Fla. 5th DCA 2013).
A party who loses a trial de novo after an unfavorable arbitration decision under Fla. Stat. § 44.1036 (6), may become (but is not necessarily) obligated for attorneys’ fees.
Sas v. Federal Nat. Mortg. Ass’n, — So.3d —-, 2013 WL 2120264 (Fla. 2d DCA 2013).
A witness without personal knowledge may not testify as to the contents of a business record if the record is not first admitted into evidence. Accordingly, a lender’s witness may not testify about amounts due according to business records without the records being in evidence.
Humphrey v. Deutsche Bank Nat. Trust Co., — So.3d —-, 2013 WL 2121729 (Fla. 2d DCA 2013).
A trial court has no jurisdiction over a person who has not been properly served. Accordingly, a trial court that quashes a subpoena on a defendant may not then require the defendant to provide their correct address.
Raymond James Financial Services, Inc. v. Phillips, — So.3d —-, 2013 WL 2096252 (Fla. 2013).
Florida’s statute of limitations, Fla. Stat. § 95.011, applies to arbitration actions.
City of Palm Bay v. Wells Fargo Bank, N.A., — So.3d —-, 2013 WL 2096257 (Fla. 2013).
Notwithstanding their home rule powers, municipalities may not create code enforcement liens that have superpriority over previously filed interests of record.
East Coast Metal Decks, Inc. v. Boran Craig Barber Engel Const. Co., Inc., — So.3d —, 2013 WL 1979058 (Fla. 2d DCA 2013).
Parties to construction litigation may be bound by the venue provisions in their contracts notwithstanding the construction project is physically located elsewhere.
Saver v. JP Morgan Chase Bank, — So.3d —-, 2013 WL 1979824 (Fla. 4th DCA 2013).
If standing is raised as a defense and foreclosing plaintiff is the not the original obligee on the note, plaintiff must establish how it had standing on suit date.
Bengal Motor Co., Ltd. v. Cuello, — So.3d —-, 2013 WL 1980147 (Fla. 3d DCA 2013).
Unless it is expressly conditioned on financing approval from a third party, TILA is impacted when a consumer signs a Retail Installment Sales Contract (RISC) notwithstanding later declination by the third party financier. However, no damages are awardable if consumer never actually paid any finance charges.
Greenspoon Marder, P.A. v. Moscoso, — So.3d —-, 2013 WL 1980255 (Fla. 3d DCA 2013).
Charging lien is enforceable for hourly, non-contingent portions of an unpaid fee even when lawyer withdraws without cause before occurrence of contingency.
Miami-Dade County v. Concrete Structures, Inc., — So.3d —-, 2013 WL 1980420 (Fla. 3d DCA 2013).
Aggrieved party that signed consent agreement to avoid administrative penalties for environmental violations is not entitled to an injunction prohibiting warrantless searches by governmental unit (to determine whether there is compliance with agreement) when aggrieved party has adequate remedy at law.
Bullock v. BankChampaign, N.A., — S.Ct. —-, 2013 WL 1942393 (2013).
“Defalcation” under 11 U.S.C. § 523 (a) (4) involves a culpable state of mind of knowledge or gross recklessness with regard to actions inconsistent with fiduciary duty.
Bowman v. Monsanto Co., — S.Ct. —-, 2013 WL 1942397 (2013).
The Patent Exhaustion Doctrine does not permit a farmer to save seeds from one planting season for use in another in violation of a licensing agreement.