Matthew Meyer | Shutts & Bowen In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of residential property might not think to even review the original deed, such… Continue reading You Can’t Run From That Arbitration Covenant Running With The Land
Tag: Florida
5 Things You Should Know About the Proposed Revisions to Florida’s Construction Defect Statute
Jeffrey S. Wertman | Berger Singerman A new bill making its way through the Florida Legislature, SB 736, if enacted into law, will significantly affect future construction defect claims. Here is what you should know: Four Year Statute of Repose. The law will effectively eliminate the 10-year latent defect exception to the statute of repose.… Continue reading 5 Things You Should Know About the Proposed Revisions to Florida’s Construction Defect Statute
Proposed Changes To Florida’s Statutes Of Limitations And Repose Would Greatly Impact Construction Defect Litigation
Elizabeth Ferguson and Taylor A. Naughton | Marshall, Dennehey, Warner, Coleman & Goggin A new bill has been proposed in the Florida Legislature that would amend the statutes of limitations and repose greatly impacting construction defect litigation. The original bill proposed to rewrite Fla. Stat. 95.11(3)(c) by completely eliminating the ten-year statute of repose for… Continue reading Proposed Changes To Florida’s Statutes Of Limitations And Repose Would Greatly Impact Construction Defect Litigation
Florida’s Statute Of Repose – Elimination Of Stale Claims
Anthony S. Wong and Lee H Jeansonne | Wood, Smith, Henning & Berman Big changes may be on the horizon for Florida statute of repose for construction claims. Florida SB 2022-736 proposes to amend Fla. Stat. §95.11(3)(c) to eliminate the distinction between patent and latent claims and apply a uniform four year statute of repose… Continue reading Florida’s Statute Of Repose – Elimination Of Stale Claims
Florida Appellate Court Holds Insurer Does Not Waive Coverage Position By Invoking Appraisal
Brennah S. Toomey | Phelps Dunbar A Florida appellate court held that the trial court erred in entering final judgment enforcing an appraisal award that included damages excluded under the insureds’ policy. State Farm Fla. Ins. Co. v. Orlinda Gonzales and Harmodio Diaz, No. 2D20-1268, 46 Fla. L. Weekly D2168a, 2021 Fla. App. LEXIS 13541 (Fla.… Continue reading Florida Appellate Court Holds Insurer Does Not Waive Coverage Position By Invoking Appraisal