Florida Real Property and Business Litigation Report
Volume XVII, Issue 43
October 26, 2024
Manuel Farach
Evans v. Gulf Landings Association, Inc., Case No. 2D2022-3709 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2442488/opinion/Opinion_2022-3709.pdf)
A previous case must have been fully litigated and have concluded in a final judgment for the doctrine of law of the case to apply.
City National Bank of Florida v. Signature Land, Inc., Case No. 5D2023-0308 (Fla. 5th DCA 2024).
(https://5dca.flcourts.gov/content/download/2442478/opinion/Opinion_2023-0308.pdf)
The Officious Intermeddler Doctrine (there is no duty of restitution to a party who benefits another party without being asked to do so) applies during contract negotiations such that a party that obtains rezoning of land it wants to purchase does not have a claim for restitution against the landowner when it is not able to close the purchase.
Osborne v. Drees Homes of Florida, Inc., Case No. 5D2023-2978 (Fla. 5th DCA 2024).
(https://5dca.flcourts.gov/content/download/2442482/opinion/Opinion_2023-2978.pdf)
A claim against a homebuilder for defective stucco is not subject to arbitration when the arbitration clause is limited to items covered under the homeowner limited warranty and stucco is not one of the warranted items.