Case Law

In the early 1990’s, the Florida Supreme Court ruled that the economic loss rule (“ELR”) could be raised as a complete defense to a cause of action asserting  the “negligent” performance of a  contract where there was no personal injury or injury to other property. As an example, in a real estate contract which has

We have all heard this at least 1,000 times: “Don’t rely on an oral promise; get it in writing!” Yet, time and again, parties to an agreement will not reduce the agreed upon terms to writing thereby creating unintended ambiguities and consequences in the transaction.  Worse, with respect to the sale of real property, an

A canal, which was the means of water access into a recreational lake, separated two lots. One lot (“West Lot”) was located west of the canal and the other lot (“East Lot”) was located east of the canal. West Lot owner and East Lot owner acquired their lots from the same grantor. East Lot owner

The Court, in the recent case of Clipper Bay Investments, LLC v. Florida DOT, 38 Fla. Law Wkly D271 (Fla. 1st DCA , February 5, 2013), had the opportunity to determine whether the entire  right of way interest granted in fee simple to the Florida Department of Transportation (“FDOT”) for Interstate Highway 10 (“I-10”), was

The general rule is that an owner of real property has a duty to provide adequate security to guests and invitees who live on or who visit the premises.  What constitutes “adequate security” is usually a question of fact which depends upon the particular use of the real property in question and whether there have

Ordinarily, if a mortgage foreclosure action is dismissed, even if it is “with prejudice”, it will not prevent the lender from filing a subsequent foreclosure action based upon the same mortgage if there is a another default by the borrower. This principle was re-affirmed in the recent case of Star Funding Solutions, LLC v. Krondes,