CIVIL CASE LAW: 3d DCA
Certified Question of Great Public Importance. No. 3D16-1804 Does section 99.061(7)(a)1 require a candidate’s disqualification when the candidate’s qualifying fee check is returned by the bank after the expiration of the qualifying period due to a banking error over which the candidate has no control?
Agreement barred relief sought. No. 3D14-1433 3d DCA reverses the trial court’s disgorgement determination because the appellees’ disgorgement and “wrongful taking” claims were barred by the settlement agreement and releases entered by parties and previously approved by the court.
CIVIL CASE LAW: 4th DCA
No standing to foreclose. No. 4D13-4165 4th DCA, on motion for rehearing and rehearing en banc, withdraws its prior opinion and reverses the trial court’s foreclosure judgment because the Bank failed to prove that it had standing when it filed the original complaint.
Affirmative finding required for punitive damages. No. 4D14-4728 4th DCA, on certiorari review, quashes the trial court’s order permitting leave to assert punitive damages because section 768.72 creates a positive legal right in a party not to be subjected to financial worth discovery until the trial court has first made an affirmative finding that there […]
Legal Description Error: Is there constructive notice? When a recorded mortgage contains a legal description error, the error is generally cured by the inclusion of a reformation count in the foreclosure complaint. However, a valid notice issue may arise if the legal description error is not harmless and there is a subsequent purchaser for value. […]
There is a minor. On occasion, there is a document transferring property to a minor. If the transfer is pursuant to Chapter 710 of the Florida Statutes, the document will generally identify the custodian. Fla. Stat. § 710.111(e) (2017). Nevertheless, the conveyance to the minor should be reviewed in accordance with section 710.113 of the […]