• Neutral Evaluation/Sinkhole Litigation: trial court erred in sustaining objection to insurer’s notice of stay to invoke neutral evaluation process in lawsuit for breach of contract and damages for sinkhole losses to property – Citizens Prop. Ins. Corp. v. King, No. 2D13-5734 (Fla. 2d DCA June 13, 2014) (granting petition and quashing order)
  • Extension Option in Lease/Contract Interpretation: lessee’s exercise of option to renew lease was conditioned upon lessor’s written approval, which could be withheld for any reason – Sunshine Gasoline Distributors, Inc. v. Biscayne Enterprises, Inc., Nos. 3D13-2326 & 2313-2690 (Fla. 3d DCA June 11, 2014) (affirming judgment of eviction)
  • Dissolution of Lis Pendens: lis pendens should have been dissolved because there was no nexus between title to the property and individual’s claim for money damages – Nobe Bay Holdings, LLC v. Garcia, No. 3D13-3160 (Fla. 3d DCA June 11, 2014) (granting petition and quashing order)
  • Unpaid Assessments: trial court erred in awarding condominium association its claim of certain assessments not contained in association’s pleading – Losner v. The Australian of Palm Beach Condo. Ass’n, Inc., No. 4D13-1669 (Fla. 4th DCA June 11, 2014) (reversed, in part, and remanded for corrected final judgment)
  • Enforcement of Settlement Agreement: enforcement of settlement agreement in mortgage foreclosure action not proper where parties had not agreed on material term concerning payment of broker’s commission on sale to third party – Monique A. Levi & Associates, Inc. v. SPCP Group V, LLC, No. 4D13-2135 (Fla. 4th DCA June 11, 2014) (affirming denial of motion to enforce)
  • Class Action/Typicality & Adequacy of Representation: affirming finding of typicality in class action brought on behalf of condominium associations against management entity relating to breached firewalls from cable installation, but reversing finding that adequacy of representation prong satisfied because no evidence offered to establish class counsel’s adequacy – CVE Master Management Co., Inc. v. Ventnor “B” Condo. Ass’n, Inc., No. 4D13-3709 (Fla. 4th DCA June 11, 2014) (reversing and remanding to determine adequacy of counsel to conduct class litigation)
  • Improper Dismissal: court may not dismiss foreclosure action for failure to set matter for trial because Florida Rules of Civil Procedure require that Court set date for trial, not parties - Citimortgage, Inc. v. Hill, No. 1D13-3585 (Fla. 1st DCA June 18, 2014) (reversed and remanded)
  • Tolling of Limitations: equitable tolling may delay running of statute of limitations where “blameless ignorance” on part of plaintiff and no prejudice to defendant - Olean Medical Condominium Assoc., Inc. v. Azima, No. 2D13-370 (Fla. 2d DCA June 20, 2014) (reversed and remanded)
  • Foreclosure: it is sufficient to file original promissory note anytime before or at hearing on summary judgment of foreclosure - Alavi v. Garcia, No. 5D13-473 (Fla. 5th DCA June 20, 2014) (summary judgment affirmed)
  • Lease Termination Clause: early termination addendum to lease must be construed as part of lease when both signed at same time and as part of same transaction - Wilson v. Terwillinger, No. 5D13-1478 (Fla. 5th DCA June 20, 2014) (reversed and remanded)