Integration Clause Leads to Commercial Dispute
AGBL Enterprises, LLC v. Girlcook, Inc., 96 So.3d 1058 (Fla. 4th DCA 2012): AGBL Enterprises (“Lessor”) leased a commercial building in a shopping plaza to be used as a full service restaurant to Girlcook (“Lessee”). The lease contained an integration clause that stated, “[T]he entire agreement between the Lessor and Lessee consists solely of the […]
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 […]
Clear and Unambiguous Easement Provisions Lead to Reversal
Casino Investment, Inc. v. Palm Springs Mile Associates, Ltd., 3D12-2257 (Fla. 3d DCA 2013): Casino appealed a partial final summary judgment entered in favor of Palm Springs which permanently enjoined Casino from constructing a building on its own property. In 1993, Palm Springs created and recorded a Declaration of Easement covering their entire Shopping Center […]
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 […]
Third District Denies Title Insurance Claim
Village Carver Phase I, LLC v. Fidelity Nat’l Title Ins. Co, 3D12-166 (Fla. 3d DCA 2013): Village Carver sought recovery under an owner’s policy of title insurance for losses associated with the demolition and redesign of a portion of an affordable housing project on which was unearthed an abandoned cemetery and human remains during the […]
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 […]
Real Estate Broker Rebates Benefit Consumers
Brokerage commissions should be established by a written listing agreement between the seller and their listing broker. The commission split between listing broker and cooperating brokers in the event of a buyer’s default, or in the event of closing, should also be established by writings between the licensees involved. Additionally, whether commercial or luxury residential […]
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, […]
Bill to Reduce the Sales Tax on Commercial Leases
Senate Bill 176 has been filed by Sen. Dorothy L. Hukill (R-Port Orange). If passed by the Florida Legislature and signed by Gov. Rick Scott, the Bill would reduce the sales tax on commercial leases. A similar bill (HB 11) was filed by Rep. Greg Steube (R-Sarasota) in the House in August.
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. […]
