Business Litigation and Real Property Case Update
Cases of interest this week include:
In Re: Daughtrey, Case No. 15-14544 (11th Cir. 2018).
A bankruptcy court’s approval of a compromise or settlement under 11 U.S.C. § 9023 is reviewed for abuse of discretion.
NE 32nd Street, LLC v. U.S., Case No. 17-11908 (11th Cir. 2018).
The Quiet Title Act, 28 U.S.C. § 2409a contains a twelve-year statute of limitations, and a 2013 building permit (with strict conservation conditions) is consistent with a 1938 spoilage easement granted by the government, and thus, the landowner's title claims are barred by not bringing suit in 1950, i.e. based on the 1938 easement.
Sowell v. Faith Christian Family Church of Panama City Beach, Inc., Case No. 1D17-3365 (Fla. 1st DCA 2018).
A landowner's failure to pay assessed ad valorem taxes deprives the trial court, under Florida Statute section 194.171, of subject matter jurisdiction to entertain a challenge to the tax assessment.
Super Products, LLC v. Intracoastal Environmental, LLC, Case No. 2D17-3769 (Fla. 2d DCA 2018).
A trial court may not dismiss an action brought by a foreign limited liability company for fraudulently obtaining a certificate of authority from the Department of State, as determining whether a certificate was fraudulently obtained is an executive function.
Hawks v. Libit, Case No. 2D17-4526 (Fla. 2d DCA 2018).
A party seeking to recover costs under Florida Statute section 57.041(1) must meet the "party recovering judgment," and not the "prevailing party," standard to be entitled to an award of costs.
Essenson v. Bloom, Case No. 2D16-4994 (Fla. 2d DCA 2018).
Aligning itself with the Fourth District, the Second District holds that an appellate court may, in advance, prohibit a trial court from awarding appellate costs.
Abt v. Metro Motors Ventures, Inc., Case No. 4D17-1960 (Fla. 4th DCA 2018).
An attorney is not entitled to an award of attorney's fees for enforcing a charging lien previously awarded for unpaid attorney's fees.
Schneider v. First American Bank, Case No. 4D17-2239 (Fla. 4th DCA 2018).
A judgment containing both foreclosure and money judgments may permit execution upon the money judgment if the foreclosure sale is stayed but may not authorize both execution and foreclosure sale to proceed simultaneously.
Newman v. Mayer Brown, LLP, Case No. 4D17-3416 (Fla. 4th DCA 2018).
An assignee of claims against a party is subject to discovery by the party on the claims; it may not use its assignee status as both sword and shield.