REAL PROPERTY CASES -
- Sinkhole Loss/Statute of Limitations: homeowners’ lawsuit was barred by the one-year statute of limitations, even though lawsuit was filed promptly after FIGA processed the claim and made a...more
REAL PROPERTY UPDATE -
- Condominium Association/Injunction: tenants’ act of moving out of condominium unit after condominium association filed action against them for injunctive relief, eviction, and ejectment did...more
Life insurers will find the following Florida decisions regarding the state’s unclaimed property law and false claims act important:
- Total Asset Recovery Services, LLC v. Metlife, Inc. and Prudential Financial Inc.,...more
REAL PROPERTY UPDATE -
- Parol Evidence: trial court erred by considering extrinsic evidence to determine parties’ intent because contract for sale of property that provided certain prior deposits be paid to seller as...more
9/23/2014
/ Action to Quiet Title ,
Appraisal ,
Duty to Defend ,
Economic Loss Doctrine ,
Email ,
Evidence ,
Foreclosure ,
Mechanics Lien ,
Real Estate Transfers ,
Release Agreements ,
Scope of Coverage ,
Service of Process ,
Standing ,
Subject Matter Jurisdiction ,
Written Notice
REAL PROPERTY UPDATE -
- Foreclosure/Standing: to establish a prima facie case for mortgage foreclosure, successor mortgagor must introduce evidence it was in possession of original note with blank endorsement at time...more
former marital home entitled to homestead exemption under article X, section 4 of Florida Constitution because (1) decedent and former wife still owned home as tenants in common at time of his death; (2) decedent’s sons, whom...more
Trial court erred in granting lender’s motion to vacate an order dismissing its foreclosure complaint for lack of prosecution without first giving borrower an opportunity to be heard at an evidentiary hearing. – Arcila v. BAC...more
Eminent Domain/Deposit Funds: plaintiff’s right to interest on funds placed on deposit with Clerk during eminent domain proceedings pursuant to section 74.051, Florida Statutes (2007) needed to be resolved in initial takings...more
Easements: trial court erred in denying statutory easement or “way of necessity” where owners established all elements pursuant to section 704.01(2), Fla. Stat. – Messer v. Sanders, No. 1D13-3084 (Fla. 1st DCA July 9, 2014)...more
7/22/2014
/ Attorney's Fees ,
Disclosure ,
Easements ,
Exclusions ,
Foreclosure ,
Jurisdiction ,
Litigation Fees & Costs ,
Mortgage Fraud ,
Policy Exclusions ,
Riparian Rights ,
Subrogation ,
Title Insurance
Foreclosure: reservation of jurisdiction in final judgment to determine amount of attorneys’ fees renders that portion of judgment non-final and non-appealable – BAC Home Loans Servicing LP v. Ridgway, No. 1D13-3853 (Fla. 1st...more
Neutral Evaluation/Sinkhole Litigation: trial court erred in sustaining objection to insurer’s notice of stay to invoke neutral evaluation process in lawsuit for breach of contract and damages for sinkhole losses to property...more
Conditions Precedent: summary judgment precluded by disputed issues of fact as to extent insured parties sufficiently complied with provisions of homeowners’ insurance policy – Solano v. State Farm Florida Insurance Co., No....more
I. FLORIDA STATE CASES - SARA WITMEYER -
- Jurisdiction: where court never entered order authorizing individual to intervene and individual never became party to litigation, court had no personal jurisdiction to...more
I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ -
- Landlord/Tenant: lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which...more
I. FLORIDA STATE CASES -
Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,...more
I. FLORIDA STATE CASES – SCOTT FEATHER & JOURDAN HAYNES -
- Summary Judgment: reversal of summary final judgment of foreclosure because of disputed issues of fact concerning amount of rents received from property that...more
I. FLORIDA STATE CASES – SARA WITMEYER -
- Foreclosure/Standing: testimony of employee of current loan servicer failed to establish necessary foundation for admitting records of prior loan servicer into evidence under...more
I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ -
Relation-Back: amended complaint naming third-party defendant as defendant relates back to filing of third-party complaint where (a) third-party complaint...more
I. FLORIDA STATE CASES – SARA WITMEYER
- Arbitration/Waiver: defendant waived right to arbitration by defending against claim of replevin in court litigation for two years – Gen. Elec. Capital Corp. v. Bio-Mass Tech,...more
I. FLORIDA STATE CASES – JOURDAN HAYNES -
- Condominiums: given ambiguity in Condominium Act’s escrow requirements (Fla. Stat. § 718.202) and fact that willful violation of same by developer carried criminal penalties,...more
II. 11TH CIRCUIT CASES - JIN LIU -
- Quiet Title: banks’ failure to respond to borrowers’ demands for proof of validity of mortgage and assignment did not render mortgage and assignment invalid or create a cloud on...more
I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ -
- Jurisdiction: court violated jurisdictional principle of priority when it ordered disbursement of sales proceeds that were already the subject of declaratory judgment action...more
1/15/2014
I. FLORIDA STATE CASES – SARA WITMEYER -
- Discovery: guarantors who moved to set aside stipulation to deficiency judgment not entitled to depose corporate representatives of foreclosing plaintiff and assignee of final...more
I. FLORIDA STATE CASES – JOURDAN HAYNES -
Homeowners Association: court may consult references commonly relied upon to supply accepted meanings of words not defined in agreement – The Grove at Harbor Hills Homeowners...more
I. FLORIDA STATE CASES – SASHA FUNK GRANAI -
Final Judgment: final judgment not final appealable order where related claim for breach of note remained – Centennial Bank v. NFP 1, LLC, No. 1D13-4516 (Fla. 1st DCA Dec....more