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Fla. 1st DCA·
2026-08-26
A bona fide purchaser for value defense cannot be resolved on summary judgment when the evidence permits a reasonable factfinder to conclude that the circumstances of the transaction—including the purchaser's sophistication, the seller's recent purchase, the absence of a certific
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11th Cir.·
2025-12-02
The issue of specific performance is moot because the property has been sold and assigned to third parties, but the issue of damages remains a live controversy.
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Fla. 3d DCA·
2025-10-08
A subsequent purchaser or mortgagee dealing with the record owner of real property may rely on the chain of title in official records in the absence of actual knowledge of an adverse unrecorded right.
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Fla. 2d DCA·
2025-07-23
A county clerk's statutory duty to maintain an alphabetical index of recorded documents is owed to the general public and does not create a duty of care to individual property purchasers; therefore, sovereign immunity bars negligence claims based on indexing errors.
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S.D. Fla.·
2024-04-12
QR Triptych, LLC appealed a bankruptcy court order that enjoined it from seeking in rem relief against commercial property following its sale in bankruptcy. The district court dismissed the appeal as moot, finding that a favorable decision would not provide meaningful relief beca
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Fla. 3d DCA·
2024-04-03
Deeds procured by fraud are voidable in equity, and a corporation that wholly entrusts a transaction to an agent bears the risk that the agent's knowledge of misconduct will be imputed to the corporation under the sole actor doctrine, rendering the bona fide purchaser defense ina
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Fla. 3d DCA·
2024-04-03
Lemano Investments appeals summary judgment in favor of RGF Athena in a property ownership dispute. The court affirmed, holding that RGF Athena had superior title to two Miami properties that were fraudulently transferred by Frederic Henry, a manager of both companies, without au
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Fla. 3d DCA·
2022-11-30
Trinity Financial Services' intervenor complaint challenging a title judgment was improperly dismissed on a motion for judgment on the pleadings because the trial court relied on affirmative defense facts not contained in the complaint itself.
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Fla. 4th DCA·
2020-08-05
Jack Schlossberg purchased a condominium from Candy Wisotsky, who inherited it through a remainder interest granted by a 2005 deed. The trial court voided the 2005 deed as beyond the trustees' powers, leaving Schlossberg with only half-ownership. On appeal, the court reversed, ho
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S.D. Fla.·
2020-08-03
Plaintiff Chloe Tsakiris Alston sued Stands4 LTD and others for stealing and unlawfully transferring her domain name www.calculator.com, alleging violations of the Anticybersquatting Consumer Protection Act and other federal laws. The court denied Stands4's motion to dissolve the
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Fla. 5th DCA·
2020-06-11
The Fifth District Court of Appeal reversed a trial court's imposition of a constructive trust over condominium sale proceeds, holding that Arlene Schwartz's claim against the decedent's estate for an unpaid loan was a creditor claim subject to Florida's Probate Code requirements
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Fla. 2d DCA·
2020-05-29
The appellate court reversed a summary judgment for the Copes and MERS, holding that a mortgage sufficiently described Lot 1 by its street address and parcel ID number, providing constructive notice to subsequent purchasers. The court found the mortgage was not patently ambiguous
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Fla. 3d DCA·
2019-09-25
The appellate court reversed a lower court's decision that vacated a prior order and dismissed a foreclosure action. The court found that the motions to vacate were filed too late under Florida Rule of Civil Procedure 1.540 and that the vacated order was a judicial error, not a c
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125 La. 1013·
N.D. Fla.·
2019-03-30
The court held that Old Dominion and Southern-Owners had no duty to defend AE New because the state court counterclaim did not allege facts fairly and potentially implicating their insureds' work or causing covered property damage. The court also held that Crum had no duty to def
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125 La. 1046·
S.D. Fla.·
2019-03-29
The court held that the life insurance policy was a STOLI policy void under Delaware law, and the Estate is entitled to recover the death benefit under Delaware's insurable interest statute.
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Fla. 5th DCA·
2018-08-13
The nonclaim statute does not bar heirship claims, and heirs lawfully entitled to share in an estate but not included in summary administration may enforce their rights in appropriate proceedings against those who procured the original order.
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240 So. 3d 68·
Fla. 2d DCA·
2018-02-14
A party seeking to intervene in a reformation action must have a direct and immediate interest in the matter being litigated; an interest that is contingent upon the outcome of a separate pending action is insufficient.
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Del. Ch.·
2017-08-29
The Court recommends granting summary judgment in favor of Deutsche Bank, finding that the defendant, George Edward Kennedy, will be unjustly enriched if the equitable mortgage lien on the property is not enforced. The Court also recommends denying Deutsche Bank's motions for def
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S.D. Fla.·
2017-01-19
The court held that the plaintiff sufficiently pleaded facts to support a plausible inference of gender-based discrimination under Title IX and adequately pleaded state law claims for breach of contract and breach of the implied covenant of good faith and fair dealing.
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208 So. 3d 220·
Fla. 3d DCA·
2016-11-09
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Del. Ch.·
2016-03-14
The court held that the plaintiff failed to prove by clear and convincing evidence that his signature on the 2016 deed was forged. Consequently, the notarial presumption of authenticity, supported by the notary's testimony and the court's assessment of witness credibility, was up
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198 So. 3d 53·
Fla. 2d DCA·
2015-11-06
The Hagelins appealed a summary judgment granting U.S. Funding the right to use a dock on their property based on easements created by declarations executed by the original property owner. The court reversed, finding that the declarations did not unambiguously create a dock easem
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Del. Super. Ct.·
2015-09-29
The Delaware Superior Court granted summary judgment for the defendants, finding that the plaintiff corporation, Gateway Estates, Inc., had waived its right to challenge a sheriff's sale due to inexcusable delay after acquiring actual knowledge of the sale. The court also held th
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2014 WL 3866082·
M.D. Fla.·
2014-07-16
The court held that discrepancies in names used in deeds do not invalidate a conveyance if the identity of the grantor is clear, and that a voluntarily executed deed is effective regardless of consideration, thus adopting the magistrate judge's recommendation to grant summary jud
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2012 WL 3149260·
M.D. Fla.·
2012-07-30
The court held that petitioners failed to perfect any legal interest in the aircraft by not recording their alleged oral conditional sale agreement with the FAA, and thus could not claim bona fide purchaser status for value in forfeiture proceedings.
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699 F. App'x 569·
M.D. Fla.·
2012-07-16
The Court held that Karla M. Rodriguez-Colon's forfeiture claim was untimely and that she lacked standing as an unsecured creditor to contest the forfeiture.
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791 F. Supp. 2d 1183·
M.D. Fla.·
2011-05-27
The court held that Feig's February 2011 affidavit was not a sham and created genuine issues of material fact, thus denying summary judgment.
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799 F. Supp. 2d 1319·
M.D. Fla.·
2011-05-06
The court held that a claimant's assertion of an interest in assets, even if not titled in their name, is sufficient for standing at the pleading stage, and the 'innocent owner' defense is premature until the government proves the property is forfeitable.
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42 So. 3d 843·
Fla. 3d DCA·
2010-08-04
The court held that irregularities in the seizure notice and the defendant's fulfillment of requirements for vacating a default judgment warranted reversal of the denial of her motion.
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418 B.R. 413·
M.D. Fla.·
2009-09-30
The court held that Zuppardo's unrecorded interest in the condominium unit was avoidable by the Trustee under 11 U.S.C. § 544, and his claim for attorney fees under the common fund doctrine was not a basis for priority payment over other creditors.
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509 F. Supp. 2d 1239·
M.D. Fla.·
2007-09-10
The court held that the petitioner's motion for summary judgment as to forfeited bank funds is denied because material issues of fact exist regarding her claims of a superior interest and bona fide purchaser for value status.
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940 So. 2d 462·
Fla. 1st DCA·
2006-09-13
The appellants, as heirs and personal representatives of Hereford M. Barnhill's estate, challenged a summary judgment awarding 122 acres of Florida property to Glen Edward Lowe. The court reversed, finding that 33 acres were never conveyed to Lowe's predecessor-in-title and that
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335 F. Supp. 2d 1325·
S.D. Fla.·
2004-08-24
The court held that the termination of the master lease rendered the sub-concession agreement void, thus the defendant did not breach its guaranty agreement, and that the assignment of the sub-concession agreement also assigned the guaranty.
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869 So. 2d 1255·
Fla. 3d DCA·
2004-04-07
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826 So. 2d 1012·
Fla. 3d DCA·
2001-02-28
The court held that the appellant failed to demonstrate that the appellee had implied actual knowledge of the mortgage's reinstatement, thus affirming the summary judgment.
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770 So. 2d 1274·
Fla. 4th DCA·
2000-11-15
The commission agreement was enforceable against the trustee, Rose Picker, because she assumed the obligations of the trust and shopping center, including paying the real estate commission.
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764 So. 2d 926·
Fla. 4th DCA·
2000-08-16
The court reversed the trial court's foreclosure judgment and remanded for an evidentiary hearing on whether the Razons were bona fide purchasers for value, after the trial court improperly refused to hear testimony on this central issue.
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741 So. 2d 609·
Fla. 3d DCA·
1999-09-15
The court held that the appellee was a bona fide purchaser with superior title, entitling her to exclusive possession of the property.
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661 So. 2d 322·
Fla. 5th DCA·
1995-09-15
Orlando Dodge purchased a van from the Mirskys relying on a DMV-issued title certificate that omitted First Union's lien due to DMV error. First Union sought replevin to recover the vehicle. The court affirmed First Union's right to possession, holding that a properly-filed lien
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997 F.2d 1158·
6th Cir.·
1993-07-02
A construction company's failure to file a notice of lis pendens does not render its otherwise properly recorded construction lien unenforceable against a bankruptcy trustee if the lien itself provided constructive notice.
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995 F.2d 378·
2d Cir.·
1993-06-11
The court held that the district court erred by focusing on the purchaser's bona fide status without first determining the validity of the Mexican seizure and sale of the engines.
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994 F.2d 716·
10th Cir.·
1993-05-03
The court held that arguments not properly preserved in the trial court are not preserved for appeal, even if the trial court discussed them 'in the interest of a complete record.' The court also held that statutory pre-judgment interest is available even when the defendant is an
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983 F.2d 441·
2d Cir.·
1993-01-13
A security interest in a warrant is subject to pre-existing contractual claims to portions of that warrant, even if the security interest is perfected, if the secured party had notice of those claims. A party's admission in deposition regarding contractual obligations can satisfy
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967 F.2d 973·
4th Cir.·
1992-06-18
The court held that the IRS tax lien was perfected against the debtor's business assets but not against his non-business assets, due to the filing of the lien under the corporate name after the corporate charter was terminated.
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597 So. 2d 905·
Fla. 4th DCA·
1992-04-22
The Jablonskis, as grantors of real property, appeal a judgment requiring them to pay defense fees and costs incurred by their grantee Buckeye in defending against a title attack, despite Buckeye's successful defense. The court affirms, holding that a breach of the title warranty
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804 F. Supp. 319·
S.D. Fla.·
1992-04-06
The court held that the claimant lacked standing to contest the forfeiture because she held only bare legal title without dominion and control, and she was not a bona fide purchaser for value due to the 'relation back' doctrine. The motion to admit polygraph evidence was also den
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960 F.2d 613·
7th Cir.·
1992-03-26
The court held that the debtor's right to receive future payments from Bergner's under the lease was not 'money' as defined by Internal Revenue Code Section 6323(h)(4), and therefore the IRS tax lien was valid against this right.
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942 F.2d 712·
10th Cir.·
1991-10-24
The court held that the Interior Board of Land Appeals' decision denying a patent correction was not arbitrary, capricious, or unsupported by substantial evidence, and affirmed the decision.
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941 F.2d 1·
1st Cir.·
1991-07-24
The court held that the FDIC's foreclosure action was time-barred because the statute of limitations was not tolled, and that a judicial sale was invalid due to insufficient notice.
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934 F.2d 969·
8th Cir.·
1991-06-04
A party's arbitrary bookkeeping entry does not create a legal interest in collateral sufficient to attach a security interest, especially when the debtor never owned the underlying asset.