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:
McCone v. Pitney Bowes, — So.3d —-, 2015 WL 5278967 (Fla. 5th DCA 2015).
Failure to serve a motion to disqualify a trial judge per Florida Rule of Judicial Administration 2.330 (c) renders the automatic grant under Rule 2.330 (j) inapplicable.
Harris v. HSBC Bank USA, National Association, — So.3d —-, 2015 WL 5240549 (Fla. 4th DCA 2015).
A backdated assignment of a note does not establish standing as filing date as required to file a mortgage foreclosure action.
Rivernider v. Meyer, — So.3d —-, 2015 WL 5244635 (Fla. 4th DCA 2015).
The litigation privilege does not apply when all the elements of the tort of malicious prosecution are satisfied. However, a more lenient standard applies to attorneys as attorneys have a duty of representation that requires certain actions.
Dadd v. Houde, — So.3d —-, 2015 WL 5245138 (Fla. 3d DCA 2015).
Although she must do so by clear and convincing evidence, an adverse possessor’s burden is only to prove the property is possessed “under claim of right or color of title, and [that the adverse possession was] actual, open, visible, notorious, continuous and hostile to the true owner and to the world at large.” A party gaining property through adverse possession passes title to the property to her successors in title.
There are three possible forms of challenges to arbitration agreements: (1) a challenge to the arbitration provision itself; (2) a challenge to the contract as a whole that the contract, although reached, is not valid on other legal or public policy grounds, and (3) a challenge to the contract as a whole that alleges there was never an agreement between the parties in the first place. The third category of challenge is decided by the trial court, and an evidentiary hearing to decide the issue is necessary only when a “substantial issue” is raised as to contract formation.
