Recently, cases of interest to the business and real estate litigation communities were ruled upon. Below are the case styles and their main decree:
Blue Infiniti, LLC v. Wilson, — So. 3d —, 2015 WL 4098895 (Fla. 4th DCA 2015).
A defendant is not a prevailing party if she pays substantially all the lawsuit asked for, and as a result, the lawsuit is voluntarily dismissed by the plaintiff.
An equity of redemption may be assigned to a third party.
Michael Anthony Co. v. Palm Springs Townhomes, — So. 3d —, 2015 WL 4095243 (Fla. 4th DCA 2015).
Contract documents executed at the same time by the same parties for the same transaction and concerning the same subject matter are to be read together. Accordingly, a party cannot enforce one provision of one document (a lease) when it has waived that provision by proceeding to closing under a different document (the purchase and sale agreement) notwithstanding an apparent violation of the lease.
Todd v. Citimortgage, — So. 3d —, 2015 WL 4128864 (Fla. 5th DCA 2015).
An order denying a motion to set aside a default is not an appealable non-final order.
