Justia Florida Supreme Court Opinion Summaries

Delta sought review of the First District's reversal of summary judgment voiding a tax deed and quieting title to certain real property in Delta. The court concluded that the First District improperly applied the law-of-the-case doctrine and that the validity of the tax deed in this case should be determined by applying Jones v. Flowers and Vosilla v. Rosado. The court further held that because the Clerk failed to take reasonable, additional steps to provide notice to Delta upon learning that the notice sent by certified mail was not successfully delivered, the tax deed was invalid. Therefore, the court quashed the First District's decision and remanded with instructions that the trial court's grant of summary judgment in favor of Delta be affirmed. View "Delta Property Mgmt., etc. v. Profile Investments, Inc., et al." on Justia Law

This case arose when petitioner's home was damaged in a hurricane and Florida Preferred was the insurer of the home. After petitioner sued Florida Preferred over a dispute regarding the covered loss and Florida Preferred subsequently became insolvent, petitioner filed a motion to substitute FIGA as the defendant. At issue was whether FIGA could be required to pay petitioner's attorney's fees and costs incurred in the litigation with Florida Preferred. Because petitioner's attorney's fee award pursuant to section 627.428(1), Florida Statutes, was not within the coverage of her insurance policy, it was not a covered claim under section 631.54(3), Florida Statutes, that FIGA must pay. Therefore, the court approved the decision of the Second District. View "Petty, et al. v. Florida Ins. Guaranty Assoc." on Justia Law

This case arose when respondents commenced an action to foreclose a mortgage against petitioner. At issue was whether Florida Rule of Appellate Procedure 9.350 required the court to dismiss a case after the court had accepted jurisdiction based on a question certified to be one of great public importance and after the petitioner had filed his initial brief on the merits. This issue arose after the parties filed a joint Stipulated Dismissal, which advised that they had settled this matter and stipulated to the dismissal of the review proceeding pending before the court. The court held that well-established precedent authorized it to exercise its discretion to deny the requested dismissal of a review proceeding, even where both parties to the action agreed to the dismissal in light of an agreed-upon settlement. The question certified to the court transcended the individual parties to this action because it had the potential to impact the mortgage foreclosure crisis throughout the state and was one which Florida's trial courts and litigants needed guidance. The legal issue also had implications beyond mortgage foreclosure actions. Because the court agreed with the Fourth District that this issue was one of great public importance and in need of resolution, the court denied the parties' request to dismiss. View "Pino v. The Bank of New York, etc., et al." on Justia Law

This case was before the court for review of the decision of the Fifth District Court of Appeal. In its decision, the Fifth District construed provisions of the state and federal constitutions and certified a question which the court rephrased: Did the Fifth Amendment to the United States Constitution and Article X, Section 6(a) of the Florida Constitution recognize an exactions taking under the holding of Nollan v. California Coastal Commission and Dollan v. City of Tigard, where there was no compelled dedication of any interest in real property to public use and the alleged exaction was a non land-use monetary condition for permit approval which never occurred and no permit was ever issued? The court answered in the negative, quashed the decision of the Fifth District and remanded for further proceedings. The court emphasized that its decision was limited solely to answering the certified question and the court declined to address the other issues raised by the parties. View "St. Johns River Water Mgmt. Dist. v. Koontz, etc." on Justia Law

This case arose from certain hurricane damage claims made by respondent under a 2004 insurance policy issued by respondent's original insurer. When the original insurer became insolvent, the Florida Insurance Guaranty Association (FIGA) then became obligated to respond to certain claims made under that insurance policy. At issue was the proper test to be utilized by a court when determining whether a statute could be applied retroactively, in this case to a contract of insurance. The court held that the court's precedents both before and after the Fourth District's decision required the court to engage in a two-pronged inquiry to determine if the 2005 amendments to section 627.7016, Fla. Stat., were to be applied retroactively. Thus, the Fourth District misapplied this precedent when it omitted the first inquiry into whether the Legislature clearly expressed an intent that the statute be applied retroactively and moved directly to the second inquiry, whether retroactive application would be constitutional. For this reason, and because there was no clear evidence of legislative intent for retroactivity, the court quashed the decision of the Fourth District to the extent it was inconsistent with the opinion and remanded for further proceedings. View "Florida Ins. Guar. Assoc., Inc. v. Devon Neighborhood Assoc., Inc." on Justia Law