Lender Liability Claims for Breach of Contract

The doctrine of lender liability refers to the various legal theories a commercial borrower may bring against their lender for purported misconduct. According to the American Bankers Association, breach of contract is the most prevalent theory of lender liability used by borrowers against lenders. The South Florida lender liability claims attorneys at Schecter Law have [...]

Constructive Eviction of a Commercial Tenant

Katz Deli v. Waterways Plaza, 3D12-3409 & 3D13-124 (Fla. 3d DCA 2013): This appeal and cross-appeal contested the amount of damages awarded for a breach of contract that led to the constructive eviction and ultimate destruction of Katz Deli. Katz Deli expanded by leasing a space in the Waterways Plaza of Aventura. The lease required [...]

Fort Lauderdale Condominium Disputes

Condominiums created and existing in the state of Florida are subject to the provisions of the Florida Condominium Act. The Act gives statutory recognition to the condo form of ownership of real property and establishes procedures for the creation, sale, and operation of condos. Our South Florida condominium dispute attorneys are well equipped to handle [...]

Construction Defect Claims

Construction is taking place all over South Florida. Looking around Brickell, Downtown Miami, and Fort Lauderdale you will undoubtedly spot cranes working on various projects. With all of the construction, there are likely to be instances of construction related litigation. One particular area of construction litigation is construction defects. Our experienced Fort Lauderdale law firm [...]

Condo Association Failed to Lay Proper Foundation for Admitting Ledgers into Evidence

Yang v. Sebastian Lakes Condominium Ass’n, 4D12-3363 and 4D12-3364 (Fla. 4th DCA 2013): This appeal focused on the business record exception to the hearsay rule. Two condo owners appealed a final judgment of foreclosure on the condo association’s liens for assessed maintenance fees. The association’s attorney sent letters to condo owners notifying them of overdue [...]

Mandatory Injunction to Comply with Restrictive Covenant Reversed in Part

Boyle v. Hernando Beach South Property Owners Association, Inc., 5D12-2993 (Fla. 5th DCA 2013): Boyle is the owner of a residence in a subdivision that is subject to a restrictive agreement (“Agreement”). The Agreement requires that lot owners keep their lots in a neat, clean and orderly condition and that any violators may be subject [...]

Second District Quashes Order Discharging Claim of Lien and Lis Pendens

Premier Finishes, Inc. v. Maggirias, 2D13-1340 (Fla. 2d DCA 2013): In April 2011, Premier, under the fictitious name PFI Construction, entered into a contract with a family trust to build a house. In August 2012, Premier filed a complaint against Maggirias, the trustee. Premier alleged they had substantially completed performance pursuant to the contract when [...]

Tax Deed Purchasers Acquire Property Free and Clear of Liens for Assessments

Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners Association, Inc., 2D12-6194 (Fla. 2d DCA 2013): Cricket sought review of the final judgment in its action to quiet title to real property it acquired by purchase of a tax deed. The final judgment did not quiet title as to any lien Nassau Pointe may [...]

The Florida Condominium Act Provides Warranty of Fitness and Merchantability

The Port Marina Condominium Association, Inc. v. Roof Services, Inc., 4D12-3693 (Fla. 4th DCA 2013): The Florida Condominium Act provides for a warranty of fitness and merchantability as to work provided by contractors and materials provided by suppliers for condo developments, but not as to the manufacture of construction materials. Port Marina filed a complaint, [...]

Summary Judgment Based on Contract Language was Improper

Florida Power & Light Company v. Hayes, 4D11-3802 (Fla. 4th DCA 2013): FP&L and Robert Elmore entered into two contracts reciting their rights to land initially owned by Elmore adjacent to FP&L’s plant in Broward County. FP&L wished to create a lake on the land to use in cooling water being transferred from the plant. [...]