Real Property and Business Litigation Report
Volume VII, Issue 39
September 27, 2014
MCG Financial Services, L.L.C. v. Technogroup, Inc., — So.3d —-, 2014 WL 4723508.
Party may not avoid an award of attorneys’ fees by taking a litigation position at attorneys’ fees award stage different from which it took during liability phase of case.
Real Estate Mortg. Network, Inc. v. Knight, — So.3d —-, 2014 WL 4723512 (Fla. 4th DCA 2014).
A contested issue of fact arises (and summary judgment must be reversed) when lender files affidavit stating it complied with required loss mitigation requirements and borrower files affidavit stating it never received any loss mitigation paperwork.
2010-3 SFR Venture, LLC v. Garcia,— So.3d —-, 2014 WL 4723515 (Fla. 4th DCA 2014).
A second mortgage foreclosure action is not barred by res judicata when based on different act of default.
Bellizzi v. Islamorada, Village of Islands, — So.3d —-, 2014 WL 4723569 (Fla. 3d DCA 2014).
The “common law rule” regarding roadways (platted streets containing a reversionary interest, upon the streets being abandoned or surrendered, pass the underlying land to the abutting owners up to the centerline of the roadway) does not apply when the roadways are transferred to public entities.
Shteyn v. Grandview Palace Condo Assn., — So.3d —-, 2014 WL 4723584 (Fla. 3d DCA 2014).
A cause of action under Florida Statute § 718.303(1)(b) and (e) seeking an injunction against a condominium unit owner impermissibly renting his unit to a tenant is not mooted by the tenant’s vacating the premises as the cause of action was valid at the time it was brought and the suit also seeks to prohibit the owner from future violations.
Frischer v. Quintana, — So.3d —-, 2014 WL 4723585 (Fla. 3d DCA 2014).
It is not abuse of discretion for trial court to refuse to impose Florida Statute § 57.105 sanctions for suit filed fifteen years after the statute of limitations runs.
Planned Parenthood of Greater Orlando v. MMB Properties, — So.3d —-, 2014 WL 4773990 (Fla. 5th DCA 2014).
Planned Parenthood’s providing of obstetrical and gynecological services is “incident to a physician’s practicem” and thus does not violate a real property restrictive covenant barring “surgical services” that are not “incident to a physician’s practice.”
VMI Entertainment, LLC v. Westwood Plaza, LLC, — So.3d —-, 2014 WL 4695288 (Fla 1st DCA 2014).
An alcohol beverage license is not subject to attachment under Florida Statute § 76.01; the license must be liened pursuant to Florida Statute § 561.65.
Oliva v. NBTY, Inc., — Fed.Appx. —-, 2014 WL 4667342 (11th Cir. 2014).
Fees and costs may be imposed against counsel under 28 U.S.C. § 1927 for unnecessarily increasing the cost and expense of litigation.