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UPDATED THROUGH SEPTEMBER 4, 2012

Mortgage Foreclosure. Question Certified: Does the test set forth in Arlt v. Buchanan, 190 So. 2d 575 (Fla. 1966), for vacating a foreclosure sale apply when adequacy of the bid price is not at issue? Arsali v. Chase Home Finance LLC, No. SC12-600 (review granted May 11, 2012). DCA decision: 79 So. 3d 845 (Fla. 4th DCA 2012). Status: briefing; oral argument to be set by separate order.

Condominium Association - Receivership.  Whether a court's inherent power to appoint a receiver for a non-profit condominium association is restricted by statute. The Second District reversed and remanded the lower court's decision, holding that statutes did not limit a trial court's authority to appoint a receiver. Granada Lakes Villas Condo.  Ass'n v. Metro-Dade Investments Co., No. SC11-2590 ( review granted July 24, 2012). DCA Decision: 74 So. 3d 593 (Fla. 2d DCA 2011). Status: briefing; no oral argument.

Estates – Wills. Question Certified: Whether section 732.6005, Florida Statutes (2004), requires construing a will as disposing of property not named or in any way described in the will, despite the absence of any residuary clause, or any other clause disposing of the property, where the decedent acquired the property in question after the will was executed. Aldrich v. Basile, No. SC11-2147. (review granted June 28, 2012). DCA decision: 70 So. 3d 682 (Fla. 1stDCA 2011). Status: briefing; oral argument to be set by separate order.

Taxation – Ad Valorem. Question Certified: Whether section 196.199(2)(b), Florida Statutes, is inapplicable to the real property at issue because appellants are the equitable owners of that property? Accardo v.  Brown, No. SC11-1445 (review granted Feb. 29, 2012). DCA decision 63 So. 3d 798. Status: briefing complete; request for oral argument filed July 16, 2012 pending.

Taxation – Ad Valorem. Whether trial court properly determined that leasholders were equitable owners and subject to ad valorem taxes on their leasehold improvements. 108 Ariola, LLC v. Jones, No. SC11-2231 (review granted  February 29, 2012). DCA decision: 71 So. 3d 892 (Fla. 1st DCA 2011). Status: briefing complete; no oral argument.

Municipal Corporations – Code Enforcement Liens. Question Certified: Whether, under Article VIII, section 2(b) of the Florida Constitution, section 166.021, Florida Statutes and Chapter 162, Florida Statutes, a municipality has the authority to enact an ordinance stating that its code enforcement liens, created pursuant to a code enforcement board order and recorded in the public records of the applicable county, shall be superior to prior recorded mortgages? City of Palm Bay v. Wells Fargo Bank, N.A., No. SC11-830 (review granted May 18, 2011). DCA decision: 67 So. 3d 271 (Fla. 5th DCA 2011). Status: decision pending; Oral Argument Video (Apr. 11, 2012).

Property Taxes – Homestead Exemption for Non-U.S. Citizens. Whether two Honduran citizens who lawfully own and reside in a Miami condo with their three U.S. citizen minor children may claim the ad valorem homestead exemption on their condo because their children are U.S. citizens, reside in the condo and are dependent on their parents. Garcia v. Andonie, No. SC11-554 (review granted June 30, 2011). DCA decision: 51 So. 3d 517 (Fla. 3d DCA 2010). Status: decision pending; Oral Argument Video. (May 7, 2012).

 

Published In: Residential Real Estate Updates, Tax Updates, Wills, Trusts, & Estate Planning Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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