REAL ESTATE: RESTRICTIVE COVENANTS: COVENANT AGAINST LIGHTING THAT MAY BE OFFENSIVE TO ADJACENT NEIGHBORS DID NOT GIVE ONE NEIGHBOR VETO POWER OVER ANOTHER NEIGHBOR’S LIGHTING SYSTEM: ARCHITECTURAL REVIEW BOARD WAS REQUIRED TO DETERMINE WHETHER A LIGHTING SYSTEM IS OFFENSIVE, GIVING DEFERENCE, BUT NOT DECISIVE WEIGHT TO THE SENSIBILITIES OF NEIGHBORS

Leamer v. White, ___ So. 3d ___, 40 Fla. L. Weekly D283 (Fla. 1st DCA January 27, 2015)

The declaration of covenants in a townhouse community forbade “lighting systems which may be offensive to adjacent neighbors.” Based on this covenant, the architectural review board determined that it was powerless to approve a lighting system to which an adjacent neighbor objected. … Click To Read Full Case Law Review...

REAL ESTATE: CIVIL PROCEDURE: SUBJECT MATTER JURISDICTION: APPEALS: PROHIBITION: TRIAL COURT POSSESSED JURISDICTION OVER CONDOMINIUM ASSOCIATION’S ACTION FOR EVICTION AND EJECTMENT BECAUSE TENANT WAS RESIDING IN UNIT WHEN ACTION WAS FILED: TRIAL COURT RETAINED JURISDICTION OVER ACTION TO ENJOIN TENANT FROM RESIDING IN A UNIT CONTROLLED BY THE ASSOCIATION AFTER TENANT VACATED UNIT

Shteyn v. Grandview Palace Condo Association, ___ So. 3d ___, 39 Fla. L. Weekly D2053 (Fla. 3d DCA September 24, 2014)

The condominium association sued a unit owner and the owner’s tenants for eviction, ejectment, and injunction against violating the association’s rules and regulations.  After the action was filed, the tenants vacated the unit, and the trial court entered summary … Click To Read Full Case Law Review...

REAL ESTATE: FAMILY LAW: SALE OF MARITAL HOME: SPECIFIC PERFORMANCE: MARITAL SETTLEMENT AGREEMENT  

Futernick v. Trushina, ___ So. 3d ___, 39 Fla. L. Weekly D1436 (Fla. L. Weekly July 9, 2014)

The trial court entered final judgment of specific performance, requiring the former husband and the former wife to comply with their obligations under a contract for the sale of the former marital home to the buyer.  Although the marital settlement agreement provided … Click To Read Full Case Law Review...

REAL ESTATE: CONDOMINIUMS: FORECLOSURE: LIEN FOR UNPAID ASSESSMENTS: ATTORNEY’S FEES: LACK OF EVIDENCE OF REASONABLENESS; APPEALS: WAIVER: FAILURE TO OBJECT TO ABSENCE OF TESTIMONY FROM EXPERT AND THE ATTORNEY WHO PERFORMED THE WORK: OBJECTION TO AWARD BASED UPON LACK OF COMPETENT, SUBSTANTIAL EVIDENCE AT NONJURY TRIAL IS NOT WAIVED BY FAILURE TO OBJECT, MOVE FOR REHEARING, MOVE FOR NEW TRIAL, OR MOVE TO ALTER OR AMEND JUDGMENT: DO OVER: REMAND FOR ADDITIONAL EVIDENCE ON ATTORNEY’S FEES: REMAND TO CORRECT OR EXPLAIN AMOUNT OF DELINQUENT ASSESSMENTS AWARDED  

Diwakar v. Montecito Palm Beach Condominium Association, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1372 (Fla. 4th DCA July 2, 2014)

The condominium association prevailed on its claim for unpaid assessments, prejudgment interest, attorney’s fees, and costs, but the appellate court reversed the final judgment of foreclosure because of inadequate evidence to support the awards of fees … Click To Read Full Case Law Review...

 REAL ESTATE: MORTGAGE FORECLOSURE: STANDING MAY BE ESTABLISHED BY TESTIMONY THAT NOTE WAS ACQUIRED BEFORE FORECLOSURE ACTION WAS FILED; CIVIL PROCEDURE: TRIAL COURT MAY SUA SPONTE SET CASE FOR TRIAL UPON THIRTY DAYS NOTICE; APPEALS: LACK OF TRIAL TRANSCRIPT: PRESUMPTION OF CORRECTNESS: WAIVER: FAILURE TO OBJECT TO NOTICE OF TRIAL BEFORE ENTRY OF FINAL JUDGMENT  

Muhammad v. BAC Home Loans Servicing, LP., ___ So. 3d ___, 39 Fla. L. Weekly D1342 (Fla. 4th DCA June 25, 2014)

The appellate court affirmed final judgment of mortgage foreclosure after a bench trial without a court reporter in attendance.  Although the defendants argued that the plaintiff failed to prove standing because the endorsement on the note was … Click To Read Full Case Law Review...