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. […]

Second District Reversed Order Denying Motion to Compel Arbitration

Pulte Home Corp. v. Bay at Cypress Creek Homeowners’ Assoc. Inc., 2D13-316 (Fla. 2d DCA 2013): Pulte Home Corp. sought review of an order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners’ Association (“HOA”) for alleged building code violations under Florida Statute §553.84. The Second District […]

Bank Waived Right to Arbitration by Initiating Lawsuit

Pearson v. Peoples National Bank,1D13-0685 (Fla. 1st DCA 2013): This was an appeal of a non-final order that stayed a declaratory action and directed the parties to arbitration. Appellant and Appellee entered into a real estate sales contract. The vacant lot purchased by Appellant was described as having beach access in the contract. The Appellee […]

Judgment Granting Relief Wholly Outside the Pleadings is Void

In The Bank of New York Mellon v. Reyes, No.: 3D12-1900 (Fla. 3d DCA 2013), the Bank appealed the denial of its Florida Rule of Civil Procedure 1.540(b) motion to set aside a default final judgment nullifying an unpaid promissory note. The action began when the Bank filed a complaint to foreclose a mortgage securing […]

Fourth District Finds Appellee Failed to Refute Contested Jurisdiction

Kent v. Marmorstein, 4D13-386 (Fla. 4th DCA 2013): The issue presented for the Fourth District’s review was whether the trial court erred by failing to dismiss the lawsuit for lack of personal jurisdiction. Marmorstein, a Florida resident, filed a complaint against Kent, a Michigan resident. Marmorstein alleged that he loaned Kent’s son $185,000 and that […]

Fifth District Rules on Appeals Arising from Breach of Contract Action

Bombardier v. Signature, 5D12-2401, 5D12-2403 (Fla. 5th DCA 2013): This consolidated appeal and cross-appeal arose from a breach of contract dispute. Bombardier manages an aircraft fleet for use by its clients across the United States. Signature is a Fixed Base Operator (“FBO”), providing ground services to aircraft owners/operators at airports nationwide. Bombardier and Signature entered […]

The Litigation Privilege Applied to Malicious Prosecution

Wolfe v. Foreman, 3D10-3055 (Fla. 3d DCA 2013): The issue in this appeal was whether the litigation privilege, which protects actions taken in the course of and related to a judicial proceeding from civil liability, applies to causes of action for: (1) abuse of process; and (2) malicious prosecution. The law is clear that the […]