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
Stalking is within the definition of violence. No. 4D15-4607 4th DCA reverses the trial court’s denial of appellant’s petition for injunction for protection against repeat violence because sufficient evidence was presented to warrant an injunction, and the court overlooked the fact that the definition of “violence” under section 784.046, Florida Statutes (2015), includes stalking.
Plaintiffs did not prove liability for discriminatory enforcement. No. 4D14-4552 4th DCA reverses the jury verdict in the civil rights action because the evidence did not support the jury’s finding that the defendant personally selectively enforced the town ordinances or supervised anyone who selectively enforced the town ordinances against the plaintiffs.
Association Lien Superiority The Association’s superiority is dependent upon the recorded date of the HOA documents and the language used in the documents. Ass’n of Poinciana v. Avatar Properties, 724 So. 2d 585 (Fla. 5th DCA 1998); see also Holly Lake Association v. Federal National Mortgage Ass’n, 660 So. 2d 266 (Fla. 1995). HOA: (1) The HOA […]
Need a valid POA A valid power of attorney should be provided with any document that the servicer has executed in its capacity as an attorney-in-fact. Generally, a power of attorney must be executed with the same formality as the law requires for the instrument executed under it. Specifically, under the Florida Power of Attorney […]