• Quiet Title: because lessee pledged interest on ground lease to bank as security for a mortgage, terms of ground lease may have triggered certain conditions precedent to lessor’s quiet title action against bank Bank of New York Mellon v. P2D2, LLC, No. 2D11-3661 (Fla. 2d DCA Oct. 31, 2012) (reversed in part and affirmed in part)
  • Foreclosure: language contained in assignment of mortgage could lead to two inferences, one of which would result in assignee lacking standing on date complaint was filed, and thus proof as to the meaning of the assignment's language was required Vidal v. Liquidation Properties, Inc,. No. 4D10-3358 (Fla. 4th DCA Oct. 31, 2012) (reversing on issue of standing and rejection of Truth in Lending affirmative defense, affirming on remaining issues)
  • Truth in Lending Act: one-year statute of limitations for recoupment under TILA does not apply where recoupment and setoff are raised as an affirmative defense Vidal v. Liquidation Properties, Inc., No. 4D10-3358 (Fla. 4th DCA Oct. 31, 2012) (reversing on issue of standing and rejection of Truth in Lending affirmative defense, affirming on remaining issues)
  • Attorneys' Fees: trial court's order awarding fees under section 713.29, Florida Statutes, was premature where significant issues remained in the case; although court discharged claim of lien, additional claims for imposition of equitable lien and unjust enrichment remained pending GMPF Framing, LLC v. Villages at Lake Lily Associates, LLC, No 5D11-1701 (Fla. 5th DCA Nov. 2, 2012) (reversing award of attorneys' fees)