Recently, cases of interest to the business and real estate litigation communities were ruled upon. Below are the case styles and their main decree:

Shamrock-Shamrock, Inc. v. City of Daytona Beach, — So.3d —-, 2015 WL 4486501 (Fla. 5th DCA 2015).

A trial court’s incorrect interpretation of a municipal code on first stage certiorari review is addressable on second stage certiorari review as a “violation of a clearly established principle of law resulting in the miscarriage of justice.”

Fi-Evergreen Woods, LLC v. Estate of Robinson, — So.3d —-, 2015 WL 4486504 (Fla. 5th DCA 2015).

An agent can, under ordinary contract principles, enter into an arbitration agreement so long as the third party’s reliance on the agent’s representations is reasonable.

Bornstein v. Marcus, — So.3d —-, 2015 WL 4461117 (Fla. 4th DCA 2015).

An individual’s complaint seeking credit for a $50,000 law firm retainer paid by the individual is not a “sham pleading” merely because the $50,000 was entered as a capital contribution on the financial books of the individual’s company.

Kenney v. HSBC Bank USA, Nat. Ass’n, — So.3d —-, 2015 WL 4461138 (Fla. 4th DCA 2015).

Florida Statute section 673.3011 holds that a “person entitled to enforce” a negotiable instrument means the holder of the instrument, a non-holder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the instrument. If plaintiff seeks to establish standing through an assignment, plaintiff must prove the assignment was executed before the suit was filed. If plaintiff seeks to establish standing as a non-holder in possession, plaintiff must produce proof that it has the rights of a holder. If plaintiff seeks to establish standing without possession, it must produce evidence that it was entitled to enforce the instrument.

Three Lions Const., Inc. v. Namm Group, Inc., — So.3d —-, 2015 WL 4464494 (Fla. 3d DCA 2015).

A motion to extend time to accept or reject settlement offer, which offer is not agreed to by the offeror nor granted by the trial court, does not extend the time to accept or reject.

In re McLean, — F.3d —-, 2015 WL 4480920 (11th Cir. 2015).

A creditor filing a proof of claim seeking payment of a debt previously discharged in a prior bankruptcy proceeding is properly sanctioned.