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:

Andrews v. Bayview Loan Servicing, LLC, — So. 3d —-, 2015 WL 4768981 (Fla. 5th DCA 2015).

A junior lienor ican require a foreclosing plaintiff prove its case at trial even if the plaintiff and the principal defendant have agreed to a settlement without trial.

 

TD Bank, N.A. v. Graubard, — So. 3d —-, 2015 WL 4769264 (Fla. 5th DCA 2015).

A foreclosure judgment sets the “validity, priority and extent of [the] debt,” so introduction into evidence of the final judgment of foreclosure is not necessary when a deficiency judgment is entered in the same action as the foreclosure judgment.

 

Boumarate v. HSBC Bank USA, N.A., — So. 3d —-, 2015 WL 4769304 (Fla. 5th DCA 2015).

In order to re-establish a lost negotiable instrument, a lender must prove it was entitled to enforce the instrument at the time of its loss (but not more than the statute requires).

 

Borden Dairy Co. of Alabama, LLC v. Kuhajda, — So. 3d —-, 2015 WL 4774629 (Fla. 1st DCA 2015).

An offer of judgment is ineffective if it fails to state whether the offer includes attorneys’ fees even if the underlying suit does not claim attorneys’ fees. Conflict certified with Bennett v. American Learning Systems of Boca Delray, Inc., 857 So. 2d 986 (Fla. 4th DCA 2003).

Woodbridge Holdings, LLC v. Prescott Group Aggressive Small Cap Master Fund, — So. 3d —-, 2015 WL 4747174 (Fla. 4th DCA 2015).

In order to constitute a “fair offer” to dissenting shareholders under Florida’s dissenting shareholder statute, Florida Statute section 607.1322, the offer must use “customary and current valuation concepts and techniques.”

 

Michele K. Feinzig, P.A. v. Deehl & Carlson, P.A., — So. 3d —-, 2015 WL 4747876 (Fla. 3rd DCA 2015).

An oral contract for one law firm to assist another law firm through trial and appeal is not subject to the Statute of Frauds if the contract was intended to last less than one year.

 

Prime Group, LLC v. Abbo, — So. 3d —-, 2015 WL 4750832 (Fla. 4th DCA 2015).

A trial court cannot determine that a party has waived a privilege without first giving the party an opportunity to object, and if contested, an evidentiary hearing.

 

OneWest Bank, FSB v. Cummings, — So. 3d —-, 2015 WL 4758342 (Fla. 2d DCA 2015).

Testimony at trial and the introduction of the lender’s business records can establish that a non-holder of a promissory note is entitled to enforce the note.