News & Publications

Oct 8th, 2018

Business Litigation and Real Property Case Update

Business Litigation and Real Property Case Updates, 10/15/1810/06/1810/01/1809/24/1809/17/1809/10/18, 09/04/18

Cases of interest this week include:

Provident Funding Associates v. MDTR, Case No. 2D17-337 (Fla. 2d DCA 2018).
The Second District adopts the reasoning of Forero v. Green Tree Servicing, LLC, 223 So. 3d 440 (Fla. 1st DCA 2017), and holds the phrase "and all subsequent payments" has a different meaning in a later action and can avoid a res judicata defense because the passage of time has caused the actual missed payments to be different.

5F, LLC v. Boca Grande Isle LLC, Case Nos. 2D17-949, 2D17-1155 (Fla. 2d DCA 2018).
Unless there is an express delegation of authority to a property owners association to amend restrictive covenants, restrictive covenants can only be amended by the consent of all the property owners in a subdivision.

Robles v. Federal National Mortgage Association, Case No. 3D17-2798 (Fla. 3d DCA 2018).
A court can enter a default without a hearing.

Florida Power & Light Company v. McRoberts, Case No. 4D17-2399 (Fla. 4th DCA 2018).
An agent's apparent authority to bind a principal to a real estate contract must be reasonable notwithstanding a jury's finding apparent agency existed.