Real Property Update -
Eviction / Commercial Landlord-Tenant / Motion to Determine Rent: Based on the plain language of section 83.232, Florida Statutes, the trial court is constrained at the rent determination hearing to...more
Real Property Update -
Commercial Lease / Contract Interpretation: Trial court erroneously interpreted the lease as capping landlords’ damages for tenant’s breach of contract to the tenant’s security deposit – Nunez v....more
REAL PROPERTY UPDATE -
Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more
6/3/2015
/ Affirmative Defenses ,
Breach of Contract ,
Commercial Leases ,
Duty to Defend ,
Duty to Disclose ,
Foreclosure ,
Genuine Issue of Material Fact ,
Negligence ,
Notice Requirements ,
Property Valuation ,
Restrictive Covenants ,
Title Insurance ,
Underwriting
Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more
4/29/2015
/ Attorney's Fees ,
Class Action ,
Commercial Leases ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Discovery ,
Equitable Lien ,
FCCPA ,
Foreclosure ,
Liens ,
Statute of Limitations ,
Title Insurance
REAL PROPERTY UPDATE -
Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more
1/28/2015
/ Commercial Leases ,
Commercial Property Owners ,
Cotenancy Provisions ,
Due Process ,
Escrow Accounts ,
Foreclosure ,
Insurance Litigation ,
Loss of Use ,
Motion to Vacate ,
Property Insurance ,
Retail Market ,
Retailers ,
Standing ,
Statute of Limitations ,
Subrogation ,
Tenants ,
Title Insurance
Conditions Precedent: summary judgment precluded by disputed issues of fact as to extent insured parties sufficiently complied with provisions of homeowners’ insurance policy – Solano v. State Farm Florida Insurance Co., No....more