News & Publications

Jan 7th, 2019

Business Litigation & Real Property Case Update

January 7, 2019 edition

Glass v. Nationstar Mortgage, LLC, Case No. SC17-1387 (Fla. 2019).
A defendant is generally considered the prevailing party after a plaintiff voluntarily dismisses the suit.

Wheaton v. Wheaton, Case No. SC17-716
Proposals for settlement made pursuant to Florida Statutes section 768.79 and Florida Rule of Civil Procedure 1.442 do not need to comply with the email service provisions of Florida Rule of Judicial Administration 2.516. 

Crary v. Tri-Par Estates Park and Recreation District, Case No. 2D17-3540 (Fla. 2d DCA 2018).
An over-55 community association, which is also an independent special taxing district created by the Florida Legislature, does not have the authority to enact (or enforce) rules and regulations promulgated by the association's board of trustees governing the use of its facilities if the district's enabling legislation did not provide for the power to enact such rules. 

Shands v. City of Marathon, Case No. 3D17-1859 (Fla. 3d DCA 2018).
In an as-applied inverse condemnation case, the awarding of Rate Of Growth Ordinance (ROGO) points may be sufficient to avoid a finding that zoning and environmental regulations deprived the property owner of all or substantially all economic use of their property. 

KIS Group, LLC v. Moquin, Case No. 4D18-1435 (Fla. 4th DCA 2018).
A trial court’s denial of defendant's motion for summary judgment on a fraud claim is not the functional equivalent of a determination that a sufficient factual basis exists under Florida Statute section 768.72 for plaintiff to claim punitive damages.