REAL ESTATE: SELLER’S DUTY TO DISCLOSE MATERIAL DEFECTS: ACTUAL KNOWLEDGE OF DEFECTS REQUIRED TO IMPOSE LIABILITY

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Jensen v. Bailey, ___ So. 3d ___, 36 Fla. L. Weekly D2579 (Fla 2d DCA November 30, 2011)

Under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the seller of residential realty may not be held liable to the buyer for failure to disclose material defects unless the seller had actual knowledge of the defects.  Constructive knowledge is insufficient.  … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: NOTICE OF DEFAULT AND OPPORTUNITY TO CURE; CIVIL PROCEDURE: SUMMARY JUDGMENT: UNAUTHENTICATED LETTERS COULD NOT REFUTE AFFIRMATIVE DEFENSE

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Bryson v. Branch Banking and Trust Company, ___ So. 3d ___, 36 Fla. L. Weekly D2582 (Fla. 2d DCA November 30, 2011)

The appellate court reversed summary judgment for the bank in a mortgage foreclosure case because the bank failed to refute or establish the legal insufficiency of the borrower’s affirmative defense of failure to provide notice of default and … Click To Read Full Case Law Review...

ARBITRATION: CHALLENGE TO ARBITRATION PROVISION

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Marshall, Amaya & Anton v. Arnold-Dobal, ___ So. 3d ___, 36 Fla. L. Weekly D2587 (Fla. 3d DCA November 30, 2011)

“[U]nless there is a challenge to the arbitration provision which is separate and distinct from any challenge to the underlying contract, the case should be submitted to arbitration.”… Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PRODUCTS LIABILITY: TOBACCO: ENGLE CASE: CIVIL CONSPIRACY: FRAUDULENT CONCEALMENT: PRODUCT USAGE

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Rey v. Philip Morris, Inc., ___ So. 3d ___, 36 Fla. L. Weekly D2602 (Fla. 3d DCA November 30, 2011)

The plaintiff sued three tobacco companies for the wrongful death of her husband, who “was a member of the Engle Class,” although the plaintiff’s husband “never smoked cigarettes manufactured by those three defendants.” The trial court entered summary judgment for … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: POSTPONEMENT OF SALE; APPEALS: MANDAMUS

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SR Acquisitions – Florida City, LLC v. San Remo Homes at Florida City, LLC, ___ So. 3d ___, 36 Fla. L. Weekly D2605 (Fla. 3d DCA November 30, 2011)

The trial court entered judgment of foreclosure and set the property for sale, but a successor judge postponed the sale when a nonparty moved to vacate the judgment and cancel the … Click To Read Full Case Law Review...