• Standing: purchaser at foreclosure sale lacked standing to appeal order vacating sale because purchaser had conveyed interest to a separate entity while motion to vacate was pending and thus no longer had interest in the property Castelo Devs., LLC v. Rawls, No. 3D12-1332 (Fla. 3d DCA Nov. 21, 2012) (granting motion to dismiss appeal)
  • Statute of Limitations: trial court erred in dismissing with prejudice buyers’ action for return of deposit relating to 2005 real estate transaction when statute of limitations defense could not be conclusively established as matter of law from face of complaint and findings needed to be based on more developed factual record Xavier v. Leviev Boymelgreen Marquis Developers, LLC, No. 3D11-549 (Fla. 3d DCA Nov. 21, 2012) (reversing order dismissing amended complaint with prejudice)
  • Redemption: right of redemption is controlled by section 45.0315, Florida Statutes, which is exclusive; therefore, mortgagors who failed to pay amount of final judgment were incorrect that their redemption rights had been thwarted by mortgagee’s failure to credit post-judgment rentals to amount due or to require payment of amount of attorney’s fees Sedra Family Ltd. P’ship v. 4750, LLC, No. 4D12-331 (Fla. 4th DCA Nov. 21, 2012) (affirming denial of motion to vacate foreclosure sale)
  • Intervention: trial court did not abuse discretion in denying tenant’s post-judgment motion to intervene in foreclosure in light of facts that tenant had no independent right of redemption and tenant had not been made party to original proceedings and thus still had possessory interest in property Sedra Family Ltd. P’ship v. 4750, LLC, No. 4D12-331 (Fla. 4th DCA Nov. 21, 2012) (affirming denial of motion to intervene)  Landlord-Tenant: city was not prohibited by section 180.135, Florida Statutes from declining to contract with tenants for water utility services and restricting service agreements to property owners – Jass Props., LLC v. City of N. Lauderdale, No. 4D11-4830 (Fla. 4th DCA Nov. 21, 2012) (affirming final summary judgment)
  • Default: new default under mortgage based on different act or date of default not alleged in action dismissed with prejudice creates a new cause of action; therefore, mortgagee is not precluded from instituting new foreclosure actionStar Funding Solutions, LLC v. Krondes, No. 4D11-3378 (Fla. 4th DCA Nov. 21,