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Florida Escrow Law

United States of America v. Timothy J. Beverly

United States District Court for the Southern District of Florida - Miami, Florida

Miami, FL - Florida Airplane Broker Sentenced to Over Seven Years for Tax and Wire Fraud

A Pompano Beach, Florida, resident was sentenced today to 90 months in prison for filing fraudulent tax returns, wire fraud, and filing false monthly reports with the U.S. Probation Office announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Divisi... More...
   $0 (03-17-2018 - FL)

United States of America v. Tammie Lynn Cline

Orlando, FL - Former Telemarketing Manager Sentenced To Federal Prison

Senior U.S. District Judge John Antoon, II has sentenced Tammie Lynn Cline (33, Leominster, MA) to two years and six months in federal prison for her role in the operation of a boiler room. She also was ordered to pay more than $1.2 million in restitution to her victims. Cline pleaded guilty on July 17, 2015.

... More...
   $0 (11-02-2015 - FL)

Double Park, LLC v. Kaine Parking 125, LLC

In this action arising out of a landlord-tenant dispute, Double Park, LLC, the
plaintiff/counter-defendant below, appeals from a non-final order directing it to
place disputed excess rent money in escrow pursuant to section 83.232 of the
Florida Statutes (2014). Finding we have jurisdiction to review the matter, see Fla.
Discount Props., Inc. v. Windermere Condo., Inc., 763 So. 2d ... More...
   $0 (06-24-2015 - FL)

Blue Lagoon Development, LLC v. Albert Maury and Leon Medical Centers, Inc.

This appeal, and the claims in the trial court, relate to a contract for the
purchase and sale of a large commercial real estate tract in Miami. Blue Lagoon
Development, LLC (“Blue Lagoon,” or “seller”), appeals the entry of final
summary judgment in favor of appellees/cross-appellants Albert Maury1 and Leon
Medical Centers, Inc. (collectively referred to as “Leon Medical Centers” ... More...
   $0 (06-24-2015 - FL)

United States of America v. Christopher Wayne White

Fort Lauderdale, FL - A Broward real estate broker was sentenced today to 41 months in prison, three years supervised release and ordered to pay $4,029,892, in restitution to victims in three separate fraud cases by U.S. District Judge William P. Dimitrouleas.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field O... More...
   $0 (01-20-2015 - FL)

Francis J. Dirico v. Redland Estates, Inc.

Francis J. Dirico (“Seller”) appeals from a final judgment in favor of Redland Estates, Inc. (“Buyer”) on a breach of contract action related to a failed contract between the parties for the sale of certain real estate. Seller asserts on appeal that the trial court erred in ruling the contract at issue ambiguous, and in admitting parol evidence to aid in its construction of the contract. F... More...   $0 (05-07-2014 - FL)

Seminole Tribe of Florida v. State of Florida Department of Revenue

This appeal requires us to decide whether the sovereign immunity of Florida, as confirmed by the Eleventh Amendment, U.S. Const. Amend. XI, bars a federal complaint by an Indian tribe against the Florida Department of Revenue and its Executive Director for a declaratory judgment that the tribe is exempt from paying a Florida tax on fuel and for an injunction requiring a refund of taxes paid. The S... More...   $0 (05-05-2014 - FL)

Hiroshi Horiike v. Coldwell Banker Residential Brokerage Company

A broker represented both the buyer and the seller in a real property transaction through two different salespersons. The buyer brought several claims against the broker and the salesperson who listed the property for sale, including breach of fiduciary duty. The trial court granted a nonsuit on the claim for breach of fiduciary duty against the salesperson on the ground that the salesperson who l... More...   $0 (04-09-2014 - FL)

Gregory T. Flynn v. Myrna DeJesus Flynn

Gregory T. Flynn, the Former Husband, petitions this court for certiorari review of an order that denied his motion to consolidate, transfer, and/or stay a civil action filed by Myrna Dejesus Flynn, the Former Wife, pending resolution of substantially the same issue in the family division of the circuit court. We conclude that - 2 - the circuit court departed from the essential requirements of law... More...   $0 (02-14-2014 - FL)

Jeff Greene v. Times Publishing Co.

Jeff Greene appeals a final judgment and order dismissing his complaint against Times Publishing Company, Miami Herald Media Company, and three reporters for libel. Concluding that the complaint states a legally sufficient cause of action against each defendant, we reverse and remand the case to the circuit court for further proceedings.

I. Parties

Greene was a candidate for nominati... More...
   $0 (01-15-2014 - FL)

R.J. Reynolds Tobacco Company v. Carolyn Hiott

Appellant R.J. Reynolds Tobacco Company (Reynolds) appeals a Final Judgment awarding damages to Appellee Carolyn Hiott, Personal Representative of the Estate of Kenneth Hiott (Hiott). Reynolds asserts three grounds of reversible error: 1) the trial court erred in admitting evidence that Reynolds successfully challenged new proposed tobacco warnings in federal court; 2) the trial court erred in den... More...   $730000 (01-03-2014 - FL)

Werner Heldenmuth v. Paul Groll

A claimant harmed by a breach of an escrow agreement can pursue damages against an escrow agent for breach of contract, but damages for civil theft require more than proof of noncompliance with the escrow agreement. In the context of escrow agreements, damages for civil theft require allegations of knowing and intentional wrongful conduct. In this appeal, we address whether the trial court properl... More...   $0 (12-18-2013 - FL)

Suzana Popescu v. Laguna Master Association, Inc.

Suzana Popescu (Popescu) seeks prohibition to bar the Palm Beach Circuit Court from exercising jurisdiction over a motion for rehearing in a post-judgment foreclosure action. We deny th e petition for reasons which follow.

Respondent Laguna Master Association, Inc. (Association) sued Fay Morrison (Morrison) for unpaid homeowner’s association dues and obtained a final judgment against he... More...
   $0 (11-13-2013 - FL)

Deborah Focht v. Wells Fargo Bank, N.A.

In case number 2D11-4511, Deborah E. Focht seeks review of the final summary judgment of foreclosure entered in favor of Wells Fargo Bank, N.A. In case

- 2 -

number 2D11-4980, Focht seeks review of the trial court's subsequent orders denying her motion to stay and/or cancel the foreclosure sale and striking her notice of lis pendens. We reverse the final judgment of foreclosure b... More...
   $0 (09-25-2013 - FL)

Dale J. Jackson v. The Palms of Perdido, LLC

This case involves a dispute over the construction and sale of a condominium unit. Appellants, Dale and Pamela Jackson (the “Jacksons”), appeal the trial court’s entry of summary judgment in favor of Appellee, The Palms at Perdido (“The Palms”) on their claims for breach of contract and violations of section 718.202, Florida Statutes. We affirm the trial court’s disposition of the Jack... More...   $0 (01-09-2013 - FL)

Angela O'Brien v. Daniel J. Stermer, Assignee

Angela O’Brien appeals a final order authorizing an assignee for the benefit of creditors,1 Daniel Stermer, to sell 1,000 ounces of silver Ms. O’Brien thought she had bought, paid for, and owned. On the record relating to the underlying Ponzi scheme, however, we are constrained to affirm the trial court. Ms. O’Brien was the victim of a fraud, not an owner or bailor of the silver purportedly ... More...   $0 (10-10-2012 - FL)

Agbl Enterprises, LLC v. Girlcook, Inc.

AGBL Enterprises, LLC appeals from a final judgment which awards damages to Girlcook, Inc. on Girlcook’s counterclaim in this breach of contract action. We affirm the trial court’s finding that AGBL breached the lease by failing to maintain the premises, but reverse and remand with instructions that the trial court reduce Girlcook’s damages by $102,395.15—the amount the trial court attribu... More...   $0 (09-05-2012 - FL)

Elizabeth Spencer v. EMC Mortgage Corporation

Elizabeth Spencer appeals a final summary judgment of foreclosure entered against her in December 2010 based on defaults in payment which are alleged to have begun in July 1997, over thirteen years earlier. We reverse and remand the case with directions to enter a judgment dismissing the foreclosure case based on the lender’s failure to prosecute it, among other procedural and substantive defici... More...   $0 (08-29-2012 - FL)

Joseph G. Procacci v. John P. Harllee IV

In this action by John P. Harllee IV and Scott A. Harllee, as Trustee of the Scott A. Harllee Revocable Trust (the Harllees), against Joseph G. Procacci for unjust enrichment, Procacci appeals a nonfinal order that denies his motion to transfer venue from Manatee County to Collier County. Because venue lies only in Collier County, Florida, where Procacci resides, we reverse the order denying Proca... More...   $0 (08-22-2012 - FL)

Carmen A. Tate v. Scott R. Tate

Carmen A. Tate (the Wife) appeals the final judgment that dissolved her marriage to Scott R. Tate (the Husband). The Wife raises four issues. She challenges the financial arrangements regarding the parties' beach condominium unit, various provisions of the equitable distribution scheme, the trial court's omission to address the prepaid college funds established for the parties' three minor childre... More...   $0 (06-15-2012 - FL)

Peter M. Tydir v. Mark R. Williams, Sr.

Appellant, Peter M. Tydir, appeals a final judgment entered in accordance with the jury’s verdict finding he breached an oral agreement with appellee, Mark R. Williams. We affirm without further discussion Tydir’s first point on appeal. However, because we agree with Tydir’s arguments made under Points II and III, that Williams’ claim was barred by the statute of frauds, we conclude the fi... More...   $0 (06-18-2012 - FL)

Fadia Daneri v. BCRE Brickell, LLC

Appellants/plaintiffs Fadia Daneri, Paola Dickinson, Paola Daneri, Consuelo Dickinson, and Jaime Dickinson (collectively, “Daneri”) appeal the trial court’s Final Summary Judgment in favor of appellee BCRE Brickell, LLC with regard to count III.1 We reverse because there are issues of fact that affect whether BCRE adhered to section 718.202, Florida Statutes (2008). The record suggests BCRE ... More...   $0 (01-04-2012 - FL)

Roberto Cuccarini v. Miguel Rosenfeld

This is an appeal from a final judgment on the pleadings entered in favor of the appellees Miguel Rosenfeld and Clarissa Rosenfeld, the sellers. We reverse and remand because there are factual questions that undermine the trial court’s conclusion that the sellers were entitled to judgment as a matter of law. On August 22, 2008, Roberto Cuccarini and Miguel and Clarissa Rosenfeld executed a Resid... More...   $0 (10-26-2011 - FL)

TRG-Brickell Pointe NE, Ltd. v. Mariano Gravante

TRG-Brickell Point, NE Ltd., (“TRG”), appeals from a final order granting summary judgment in favor of Mariano Gravante (“Gravante”). We reverse as the summary judgment was based on an incorrect interpretation of the law.

On May 16, 2005, the parties entered into a purchase and sale agreement for a condominium unit. Pursuant to the purchase and sale agreement, TRG agreed to substant... More...
   $0 (10-14-2011 - FL)

Crystal Entertainment & Filmworks, Inc. v. Jeanette Jurado

This appeal is from a judgment against an entertainment company that sued the current members of “ExposĂ©,” an American girl dance band, about the trademark name of the band. Crystal Entertainment & Filmworks, Inc., is the purported assignee of the trademark rights of Pantera Group Enterprises and Pantera Productions, Inc., which created the original ExposĂ© band in 1984. The current members o... More...   $0 (06-21-2011 - FL)

Roberta Santini, M.D. v. Cleveland Clinic Florida

In this matter, we undo a series of egregious wrongs perpetrated upon the appellants, all of which were compounded by the assertion of frivolous defenses of numerous and patently erroneous trial court orders. Dr. Roberta Santini appeals an order enforcing a charging lien filed by her former attorney, Bartley C. Miller. She asserts that Miller forfeited his rights to compensation pursuant to a cont... More...   $0 (05-11-2011 - FL)

Marsha R. Cohen v. Chicago Title Insurance Company

Marsha R. Cohen (“the plaintiff”) appeals from a final order granting the defendants’ motion to dismiss Count I of her complaint with prejudice. Chicago Title Insurance Co. (“Chicago Title”), Lawyers Title Insurance Corp. (“Lawyers Title”), and Ticor Title Insurance Co. (“Ticor Title”) (collectively, “the defendants”) brought the motion to dismiss. On the authority of Hechtma... More...   $0 (12-29-2010 - FL)

Michelle C. Ferguson v. Jason E. Ferguson

This is an appeal from an order voiding a provision of a mediated marital settlement agreement as a result of changes in the economy. Based upon the bedrock principle of contract law—applicable as well to marital settlement agreements—that bad deals are as enforceable in the law as good deals, we reverse the order under review.

The mediated marital settlement agreement in this case was ... More...
   $0 (02-02-2011 - FL)

Randy V. Heysek v. Mary L. Heysek

Randy V. Heysek (the Husband) appeals the final judgment that dissolved his marriage to Mary L. Heysek (the Wife). The Husband raises seven issues. He challenges the valuation of one of his business interests, the equitable distribution scheme, the award of permanent periodic alimony, the calculation of the child support award, the exclusion of the testimony of two expert witnesses at trial, the s... More...   $0 (10-01-2010 - FL)

Owner-Operator Independent Drivers Association, Inc. v. Landstar Systems, Inc.

The Owner-Operator Independent Drivers Association, et al., (“Owner- Operators”) represents truck owners and truck drivers who enter into lease agreements to provide equipment and services to haul freight in interstate commerce for Landstar System, Inc., et al., (“Landstar”) a motor carrier. The Owner-Operators have appealed from the judgment entered against them rejecting their claims tha... More...   $0 (10-04-2010 - FL)

Paul Pakalski v. CFC Passadena Golf, LLC

Paul Pakalski appeals from the final judgment dismissing his second amended complaint with prejudice. In his complaint, Pakalski (the seller) sought specific performance of a land contract breached by CFC Pasadena Golf, LLC (the buyer). The court dismissed the action on the basis that the seller's retention of a nonrefundable deposit precluded the seller from also seeking specific performance. We ... More...   $0 (08-18-2010 - FL)

A.I.C. Trading Corp. v. Sanford Susman and Betty Susman d/b/a The Airport Center of Miami-West

AIC Trading Corp. appeals an amended final judgment entered following a non-jury trial. The question before us is in contention all too often in Florida real estate transactions: is a purchase option agreement executed by a landlord (appellees, the Susmans) and tenant (AIC) contemporaneously with a commercial lease binding and enforceable, or is it merely a preliminary and unenforceable summary of... More...   $0 (05-05-2010 - FL)

JPG Enterprises, Inc. v. Sean McLellan

In this appeal and cross-appeal involving the construction of a home upon land owned by the buyer, the trial court certified a question to our court as one of great public importance. We restate the certified question as follows:

   $0 (02-10-2010 - FL)

Open Permit Services of Florida, Inc. v. Thomas Scott Curtiss

Open Permit Services of Florida, Inc. (“Open Permit”), appeals a final Order Compelling Compliance with Final Judgment which requires Open Permit, the buyer, and Thomas Scott Curtiss (“Curtiss”), the seller, to comply with the terms and conditions of a contract for the purchase and sale of real property. We affirm in part the trial court’s final order as there was substantial competent e... More...   $0 (07-23-2009 - FL)

Hall, Lamb & Hall, P.A. v. Sherlon Investments Corp.

We grant the appellee’s Motion for Rehearing and Clarification. We withdraw our prior opinion dated October 29, 2008, and substitute the following opinion in its stead.

Hall, Lamb & Hall, P.A. (“the law firm”) appeals from an order denying its motion to adjudicate a charging lien against Sherlon Investments Corp. (“Sherlon”). We reverse.

In the litigation underlying this ... More...
   $0 (04-22-2009 - FL)


Appellant, Main Street Management Services, Inc., appeals a final judgment awarding Appellee, Eight Sixty South Ocean Boulevard, Inc., $500,000 in liquidated damages for an alleged breach of a contract for sale and purchase of real property and denying Main Street’s claim for return of its deposit under the contract. This court has jurisdiction. Fla. R. App. P. 9.030(b)(1)(A).

Eight Sixty... More...
   $0 (11-05-2008 - FL)

Michael Goodall v. Whispering Woods Center, LLC

The issue in this case is whether Michael Goodall, as assignee of MKJH, LLC, stated a cause of action for reformation against Whispering Woods Center, L.L.C. We hold that Goodall stated a cause of action for reformation and reverse the trial court’s dismissal of Goodall’s claims for reformation and breach of contract as reformed. We affirm the trial court’s dismissal of the remaining claims ... More...   $0 (09-24-2008 - FL)

C. Leon Brooks v. Jonathan M. Green

Appellant appeals an adverse ruling by the trial court construing the parties’ Lease Agreement, arguing that the trial court reversibly erred in the following particulars: (1) by declining to enforce Appellant’s option to purchase the leased premises; (2) by evicting Appellant and transferring possession of the leased premises to Appellee; and (3) by awarding Appellee a judgment for damages of... More...   $0 (09-03-2008 - FL)

Arnold, Matheny and Eagan, P.A. v. First American Holdings, Inc., etc., et al.

The issue before us involves the interpretation of Florida‟s garnishment statute and the obligations it imposes on third parties, including attorneys, who are served with writs of garnishment. In its decision in First American Holdings, Inc. v. Preclude, Inc., 955 So. 2d 1231 (Fla. 2d DCA 2007), the Second District Court of Appeal ruled upon the following question, which the court certified ... More...   $0 (05-01-2008 - FL)

Edward Friedman v. Market Street Mortgage Corporation

In this appeal, Market Street Mortgage Corporation ("Market Street") contends that the district court erred in certifying a class of persons represented by Edward and Lori Friedman, in which the stated common question of law is whether Market Street violated subsection 8(b) of the Real Estate Settlement Procedures Act of 1974 ("RESPA"), codified at 12 U.S.C. § 2607(b), by requiring loan borro... More...   $0 (03-21-2008 - FL)

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