News & Publications

May 23rd, 2018

Business Litigation and Real Property Case Update

Business Litigation and Real Property Case Updates, 05/21/18,  05/17/18, 05/08/18

Cases of interest this week include:

Cases of interest this week include:

Chmielewski v. The City of St. Pete Beach, Case No. 16-16402 (11th Cir. 2018).
A local government's encouragement of the public's use of a private parcel constitutes a compensable taking; a physical invasion is sufficient and exclusive dominion and control is not necessary to support a jury verdict of damages for the taking.

Koppel v. Ochoa, Case No. SC16-1474 (Fla. 2018).
The mere filing of a motion under Florida Rule of Civil Procedure 1.090 does not automatically enlarge the 30-day time frame to respond to a proposal for settlement; an order must be granted within the 30 days for the period to be extended.

Third Federal Savings & Loan Association of Cleveland v. Koulouvaris, Case No. 2D17-773 (Fla. 2d DCA 2018).
A Home Equity Line of Credit agreement is not a negotiable instrument, and thus must be authenticated before it can be admitted into evidence.

Perlberg v. Lubercy Asia Holdings, LLC, Case No. 3D17-2404 (Fla. 3d DCA 2018).
An order granting summary judgment on a fraudulent lien claim is not appealable as a final order because final judgment has not been entered and is not appealable as a non-final order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii) because it does not determine an immediate right to possession of the property.

Florida Research Institute for Equine Nurturing, Development and Safety, Inc. v. Dillon, Case No. 4D17-605 (Fla. 4th DCA 2018).
A Florida not-for-profit corporation may terminate a person's membership without notice and without hearing as the current version of Florida Statute section 617.0607(1) does not require notice and hearing.

Madl v. Wells Fargo Bank, N.A., Case No. 5D16-53 (Fla. 5th DCA 2018).
Upon rehearing, the Fifth District clarifies that a lender that fails to prove standing through its promissory note may still have a contractual relationship through the mortgage that allows an award of attorney's fees to a prevailing borrower.