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:

Caribbean Condominium Ltd. Partnership v. City of Flagler Beach, — So.3d —-, 2015 WL 5456819 (Fla. 5th DCA 2015). 

A landowner claiming her land has been taken by inverse condemnation is entitled to attorneys’ fees only if her inverse condemnation claim is successful.

In re Amendments to Rule Regulating The Florida Bar 4-1.5-Fees and Costs for Legal Services, — So.3d —-, 2015 WL 5445616 (Fla. 2015).

The Florida Supreme Court has revised Rule Regulating the Florida Bar 4-1.5 (e) to define “retainer,” “advance fee,” and “flat fee.”

The Bank Of New York Mellon v. Condominium Association Of La Mer Estates, Inc., — So.3d —-, 2015 WL 5445645 (Fla. 2015).

A default based on a complaint which fails to state a cause of action is voidable, not void, and thus actions to vacate default judgments based on improperly pled complaints must, pursuant to the requirements of Florida Rule of Civil Procedure 1.540, be brought within one year of date of judgment.

Dominguez v. Hayward Industries, Inc., — So.3d —-, 2015 WL 5438782 (Fla. 3d DCA 2015).

The components of a system (such as a pool filter) do not constitute “improvements” to real property for purposes of Florida Statute section 95.031.

Katz v. Google Inc., — F.3d —-, 2015 WL 5449883 (11th Cir. 2015).

A blogger’s use of an unflattering copyrighted photograph can be protected as “fair use” under the Copyright Act, 17 U.S.C.A. § 107, if the photo was taken in a public setting, published elsewhere before its use in the blog, and its use in the blog was unaltered, primarily factual, and without conveying ideas or emotions.