Real Property and Business Litigation Report
Volume VI, Issue 18
May 4, 2013
Muntzing v. Global Discoveries Ltd., LLC, — So.3d —-, 2013 WL 1844268 (Fla. 5th DCA 2013).
A mortgagee (or its assignee) claiming surplus proceeds from a tax deed sale need not produce the original promissory note to claim the proceeds; a notarized statement and a valid lien are the only items required under the statute.
Dobek v. City of Minneola, — So.3d —-, 2013 WL 1844271 (Fla. 5th DCA 2013).
A latent ambiguity (i.e., the contract language is clear but extraneous facts or circumstances create need for interpretation between possible different meanings) can require evidence be taken with regard to a general release’s intent.
Stone v. BankUnited, — So.3d —-, 2013 WL 1845584 (Fla. 2d DCA 2013).
A lender may prove standing by means other than a dated allonge; standing may be proven circumstantially by payments made by a borrower after assignment, a purchase and assumption agreement, and by the method of servicing the loan.
McColman v. Deutsche Bank Nat. Trust Co., — So.3d —-, 2013 WL 1810583 (Fla. 4th DCA 2013).
While a plaintiff moving for summary judgment before the defendant answers bears a higher burden, the rule is not absolute and a defendant may not raise this rule while sitting on their rights (e.g., failing to file answer after court orders defendant to do so).
Kalb v. Sail Condominium Ass’n, Inc., — So.3d —-, 2013 WL 1810642 (Fla. 3d DCA 2013).
Motions under Florida Rule of Civil Procedure 1.540 must be filed within one year of the date of final judgment sought to be avoided or modified.
B&B Tree Service, Inc. v. Tampa Crane & Body, Inc., — So.3d —-, 2013 WL 1810761 (Fla. 2d DCA 2013).
Claims for loss of use require a different measure of damages than lost profits as lost profits must have been in the reasonable contemplation of the parties at time of contract.
Dan Euser Waterarchitecture, Inc. v. City of Miami Beach, — So.3d —-, 2013 WL 1810768 (Fla. 3d DCA 2013).
An out of state corporate defendant need not produce its corporate representative in Florida absent it seeking affirmative relief in the state or extraordinary circumstances.
Fisher Island Ltd. v. Fisher Island Investments, Inc., Slip Copy, 2013 WL 1831728 (11th Cir. 2013).
Bankruptcy courts, being Article II courts, have a different standard for standing than Article III courts. The bankruptcy court “person aggrieved” test requires a higher causal link between the act and injury in order to establish standing.
Dolphin LLC v. WCI Communities, Inc., Slip Copy, 2013 WL 1831737 (11th Cir. 2013).
A common sales force between two developments, even if both developments are owned by the same parent company, is not sufficient to constitute a “common marketing plan” so as to aggregate separate developments and subject an otherwise exempt development to the requirements of the Interstate Land Sales Act, 15 U.S.C. §§ 1701– 1720.