Florida Real Property Litigation

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Florida Real Property Litigation provides invaluable statutory and case analysis, pleading forms, and practice pointers. This essential reference examines a broad range of topics, including access and eviction, foreclosure of mortgages and liens, boundary and title problems, and covenants and easements, and features an entire chapter devoted to successful recovery of attorneys' fees in real property disputes.

To further aid the practitioner, the text incorporates over 100 forms and checklists to guide you through efficient and effective litigation.

Highlights of the new 9th Edition include:

• Discussion of 2018 Florida Legislature’s substantial amendments to F.S. Chapter 66, governing ejectments, (1) authorizing a person with a superior right to possession of real property to recover possession by ejectment; (2) providing that a person entitled to possession of real property has a cause of action to regain possession from another person who obtained possession of real property by forcible entry, unlawful entry, or unlawful detainer; (3) requiring that the court determine the right of possession and damages; and (4) prohibiting a governmental entity from adopting or keeping in effect certain ordinances and rules based on customary use, etc. Ch. 2018-94, § 1, Laws of Fla.
• Discussion of newly enacted F.S. 82.05, title “Service of Process,” establishing how a demand for possession should be served in a cause of action of ejectment.
• Discussion of the Florida Supreme Court’s decision in Bolettierei Resort Villas Condominium Ass’n, Inc. v. Bank of New York Mellon, 228 So.3d 72 (Fla. 2017), ending the debate over the application of the statute of limitations for foreclosure actions, holding that the statute of limitations begins to run upon acceleration (and not a missed payment), and a second foreclosure on the same loan is permitted, provided the default alleged in the second action is within the five-year limitations period.
• Discussion of the judicial split regarding whether a circuit court has subject matter jurisdiction to adjudicate an independent deficiency action when a plaintiff requests deficiency relief in its complaint in a separate foreclosure action involving the same note and the foreclosure court enters a final judgment reserving jurisdiction to grant deficiency relief.
• Discussion of restrictive covenants and, on a matter of first impression, the court in Santa Monica Beach Property Owners Ass’n, Inc. v. Acord, 219 So.3d 111 (Fla. 1st DCA 2017), addressing the interesting and increasingly prevalent trend involving property owners renting their property for short-term vacation rentals, using services such as Airbnb.
• Discussion of access to property by nonowners and, on a matter of first impression, whether the presence of a “No Soliciting” sign, placed on the front porch of private property, negates the government’s authority to access the private property. State v. Crowley, 232 So.3d 473 (Fla. 1st DCA 2017).
• Discussion of determination of liability under Bert J. Harris, Jr., Private Property Rights Protection Act and Florida Supreme Court’s decision in Hardee County v. FINR II, Inc., 221 So.3d 1162 (Fla. 2017), holding that owners whose property has not been directly acted upon by a governmental entity may not state a claim under the Act.

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