Recently, cases of interest to the business litigation and real estate litigation communities were ruled upon. Below are the case styles and their main decree:
Tomlinson v. GMAC Mortgage, — So.3d —-, 2015 WL 5124763 (Fla. 2d DCA 2015).
Taking judicial notice of a court file does not automatically admit the documents in the court file; they are still subject to objection and challenge.
Strazzulla v. Riverside Banking Company, — So.3d —-2015 WL 5125454 (Fla. 4th DCA 2015).
The Fourth District adopts the Third District’s Dinuro Investments, LLC v. Camacho, 141 So.3d 731 (Fla. 3d DCA 2014), two-prong test and holds that shareholders must allege both a direct harm and a special injury in order to bring a direct action in their individual capacity.
Market Tampa Investments, LLC v. Stobaugh, — So.3d —-2015 WL 5131679 (Fla. 2d DCA 2015).
One who purchases property during a pending foreclosure case in which a lis pendens has been filed is generally not entitled to intervene.
Unless there is lack of “actual consent” or failure of subject matter jurisdiction, a party loses the right to an appeal if it agrees to a final judgment without reserving as to the issue or matter sought to be appealed.
The fact that the successful offeror of a proposal for settlement may claim its attorney’s fees from another co-defendant is not a basis for denying the request for fees.
Wells Fargo Bank, N.A. v. Clavero, — So.3d —-2015 WL 5132447 (Fla. 3d DCA 2015).
A non-signer’s receipt of mortgage funds (or receipt of the benefit of the funds) may supply a missing signature to a mortgage under equitable subrogation principles. However, ratification of an agent’s prior mortgage may occur only when the principal has full knowledge of the details surrounding the mortgage.
