News & Publications

Aug 13th, 2019

Business Litigation & Real Property Case Update, August 2019

August 12, 2019

Dear v. Q Club Hotel, LLC, Case No. 17-13127 (11th Cir. 2019).

The following language in a condominium declaration limits the ability to back-charge “at any time” to a period of a year and prevents the operator of a condominium hotel from back-charging for common expenses due for previous years:

“[t]he original charge for any year shall be levied for the calendar year (to be reconsidered and amended, if necessary at any appropriate time during the year[].”

Luxottica Group, S.p.A. v. Airport Mini Mall, LLC, Case No. 18-10157 (11th Cir. 2019).

Landlords may be contributorily liable for trademark infringement under § 32 of the Lanham Act, 15 U.S.C. § 1114, when the landlord has knowledge of specific acts of direct infringement.

Abdo v. Abdo, Case Nos. 2D18-2270, 2D18-2764 (Fla. 2d DCA 2019).

A constructive trust may be imposed in suits claiming derivative action and breach of fiduciary duty claims.

Schwob v. Goss, Case No. 2D18-4480 (Fla. 2d DCA 2019).

A circuit court has no jurisdiction to rule that a private utility has a Constitutional right to discontinue water and sewer service, as utility service is exclusively regulated by the Florida Public Service Commission.

Young Land USA, Inc. v. Credo LLC, Case No. 3D18-2146 (Fla. 3d DCA 2019).

A sheriff’s execution sale eliminates the interest of inferior clams which were recorded after the judgment that served as the basis for the execution.

Greene v. Johnson, Case No. 3D18-2547 (Fla. 3d DCA 2019).

Equitable estoppel permits non-signatories to a contract to compel arbitration of claims brought by a signatory if the signatory raises allegations of concerted misconduct by both the non-signatory and one or more of the signatories to the contract; however, equitable estoppel on the basis of intertwined claims applies only when a signatory raises allegations of substantially interdependent and concerted misconduct by both a non-signatory and one or more of the signatories to the agreement.

August 6, 2019

Yarbrough v. Decatur Housing Authority, Case No. 17-11500 (11th Cir. 2019)(en banc).

The Housing Act of 1937, 42 U.S.C. § 1437 et seq. does not create a privately enforceable right to a preponderance standard under 42 U.S.C. § 1983 suits regarding a housing termination decision.

Miller v. Homeland Property Owners Association, Inc., Case No. 4D18-1647 (Fla. 4th DCA 2019).

The Business Judgment Rule applies to decisions of property owners’ associations so long as the association had the contractual or statutory authority to perform the relevant acts, and if it did, upon a determination that the board acted reasonably.

Postma v. Baker, Case No. 4D18-3232 (Fla. 4th DCA 2019).

A settlement agreement which permits a party to inspect an item “to his satisfaction” prior to repurchase creates a condition precedent of the party’s satisfaction.

Norman v. Jaimes, Case No. 4D19-83 (Fla. 4th DCA 2019).

A seller under an agreement for deed who contracts to deliver clear title does not breach the contract if a code enforcement lien is recorded and provides constructive notice to the purchaser.

Wells Fargo Bank, N.A. v. Stephenson, Case No. 5D18-733 (Fla. 5th DCA 2019).

The Fifth District agrees with Bank of N.Y. Mellon Tr. Co., Nat’l Ass’n v. Ginsberg, 221 So. 3d 1196, 1197 (Fla. 4th DCA 2017), and holds that a mortgagee in a foreclosure action is not required to prove the trust on whose behalf it is acting in order to properly allege standing.