Florida Dispute Resolution Update: Arbitration or Litigation of a Fraud Dispute Stemming from a Real Property Purchase Transaction?
The Florida Supreme Court ruled that an action for fraud was within the scope of an arbitration provision in a contract for the purchase and sale of real property. George Jackson, et al. v. The Shakespeare Foundation, Inc., et al., No. SC11-1196 (Fla. Jan. 31, 2013). The underlying facts of the case are summarized as […]
Formulating Construction Agreements Requires Superior Skill
For the past three years, new home construction has steadily increased in Palm Beach and Broward counties. The demand for homes is exceeding the supply and housing prices are rising. The high demand for homes may be attributable to low mortgage rates and the realization that housing prices are not dropping anytime soon. Although the […]
Moving for Summary Judgment Prior to an Answer – A Difficult Burden
Another case in point where a summary judgment entered in favor of a mortgagee was reversed on appeal. In Dominko v. Wells Fargo Bank, N.A., 102 So. 3d 696 (Fla. 4th DCA 2012), a mortgagor appealed from a grant of summary judgment in favor of the mortgagee. In February 2010, Wells Fargo filed a mortgage […]
Commercial Lease Dispute and the Integration Clause
In 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 […]
Essential Provisions in a Commercial Lease
When signing a commercial lease, it is essential to understand and agree to all of the provisions. The provisions in a commercial lease are usually designed to favor the landlord; however, a landlord may be willing to negotiate. An experienced real estate attorney should be consulted before entering a commercial lease. Here are a few […]
The Importance of a Title Examination When Acquiring Real Estate
The South Florida housing market is recovering after taking a big hit during the 2006 housing crisis. According to the Case-Shiller Home Price Index released January 30, prices in Palm Beach, Broward, and Miami-Dade counties rose 0.8 percent from October and 9.9 percent from a year earlier. It was the 11th consecutive month that prices […]
The Importance of Strict Compliance with Notice of Default Provisions in Loan Documents
In Judy v. MSMC Venture, LLC, 100 So. 3d 1287 (Fla. 2d DCA 2012), a mortgagee brought a foreclosure action. At issue were two promissory notes executed by Thomas and Jill Judy in favor of Market Street Mortgage Corp., who was the defendant, MSMC Venture, LLC’s predecessor-in-interest. In August 2007, MSMC sent a notice of […]
Shareholder Derivative Action versus Shareholder Direct Action – A Basic Explanation
Whether an action against a corporation is direct or derivative is one that has been addressed frequently under Florida law. A derivative action is a cause of action that is brought by a shareholder to enforce a right of action that exists on behalf of the corporation, seeking to redress an injury suffered by the […]
$2.5 Million Boca Raton Mansion Faces Adverse Possession Claim
Adverse possession is a means of attempting to gain legal title to property by continuous possession of the property for at least seven consecutive years in an open, notorious, and visible manner such that it conflicts with the owner’s right to the property. Fla. Stat. § 95.18. The adverse possessor must pay all taxes for […]
Strict Compliance with Service of Process Statutes
Mortgagors, David and Julianne Walker (the “Walkers”), appealed a non-final order denying their motion to quash service of process. Walker v. Fifth Third Mortgage Company, 100 So. 3d 267 (Fla. 5th DCA 2012). The premise for their motion to quash was that the process served failed to strictly comply with Florida Statute section 48.031. Fifth […]
