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.
Hot Topic: Florida encourages homeowners to go green with PACE financing. Environmental concerns are relevant to some and disregarded by others. Florida seems to want to help those who want to make environmentally friendly home improvements, but may not be able to afford the cost of the improvement. Florida’s solution is the PACE program. What […]
The HOA’s continuing lien versus the first mortgagee’s safe harbor protection. Most HOA documents contain language stating that the HOA has a continuing lien on the property for all delinquent dues. If the HOA documents omit the continuing lien language and the mortgagee holds a second mortgage on the property, then the relation back language […]