News & Publications

Oct 18th, 2017

Business Litigation and Real Property Case Update

Business Litigation and Real Property Case Updates, 10/16/1710/09/1710/02/1709/26/17

Cases of interest this week include:

Beach Club Towers Homeowners Association, Inc. v. Jones, Case No. 1D15-5886 (Fla. 1st DCA 2017).
Condominium owners whose condominium is based on lease that is not automatically renewable are not equitable owners of the land underlying the condominium, and thus are not subject to ad valorem taxation on the land underlying the lease.

Chaikin v. Parker Waichman LLP, Case No. 2D16-4883 (Fla. 2d DCA 2017).
The filing of a lawsuit is inconsistent with an arbitration provision and waives a party’s ability to enforce the arbitration provision against an unwilling party.

Gunning v. Equestleader.Com, Inc., Case No. 2D16-2214 (Fla. 2d DCA 2017).
A contract vendor has no claim for civil trespass to real property as the contract vendee becomes the equitable owner of the real property upon execution of the contract.

Williams v. Johnson, Case No. 3D16-2898 (Fla. 3d DCA 2017).
A claim for unjust enrichment will not lie when an express contract concerning the subject matter exists.

GMAC Mortgage, LLC v. Pisano, Case No. 4D15-2843 (Fla. 4th DCA 2017).
A blank indorsement on a note merely indicates the note can be transferred, and does not indicate as a matter of law that it has been transferred., Inc. v. Papera, Case No. 4D16-378 (Fla. 4th DCA 2017).
A settlement proposal to each of two joint defendants is enforceable and not ambiguous even if the proposal states that it will refund a proportionate amount if both parties accept the proposal.

Newman v. Ernst & Young, LLP, Case No. 4D16-2162 (Fla. 4th DCA 2017).
An arbitrator has jurisdiction to determine the issue of arbitrability when the arbitration agreement contains a delegation provision as the entire matter has been delegated to the arbitrator and the court retains jurisdiction only to review a challenge to the delegation provision.

Wincor v. Potash, Case No. 4D16-4351 (Fla. 4th DCA 2017).
By statute, a defendant may be served in unlawful detainer actions by posting service of process.