Real Estate Transactions By Gilles Baillargeon: Cases

Homeowners association brought action against developer for breach of the implied warranties of fitness for a particular purpose, merchantability, and habitability arising out of alleged defective construction of private roads, drainage systems, retention ponds, and underground pipes in subdivision, and developer impleaded the contractor that built such common elements. The Circuit Court, Orange County, 2009 WL 8626618, Cynthia Z. Mackinnon, J., awarded summary judgment to developer and contractor. Association appealed. The District Court of Appeal, 48 So.3d 902,reversed and remanded. Developer petitioned for discretionary review, which was granted.

Out-of-state licensed attorney filed request with Standing Committee on the Unlicensed Practice of Law for advisory opinion on issue of whether it constituted the unlicensed practice of law for him to work remotely from his Florida home solely on federal intellectual property matters for a New Jersey based law firm. Following public hearing, Committee filed proposed advisory opinion with the Supreme Court concluding that attorney's activities did not constitute the unlicensed practice of law.

Holding: The Justices of the Supreme Court were of the opinion that attorney's activity in working remotely did not constitute the unauthorized practice of law.

Plaintiff widow and defendant executor disputed the results of two separate probate proceedings. On appeal, the actions were combined and both parties claimed ownership of real property from a common source. The court construed the disputed document and affirmed the trial court's decision that plaintiff had title to a portion of the realty but reversed the judgment awarding ownership over another parcel. The disputed document was a deed by its terms because it listed a grantor, a grantee, and a thing to be granted; it conveyed a present interest; it was signed by the grantor and delivered to the grantee; and it was accepted by the grantee. In addition, the document contained words that denoted the intention of the parties to transfer title, and the court was required to give effect to that intention, even if the language was inaccurate.

Attorney disciplinary proceeding was brought.

Holding: The Supreme Court held that three-year suspension was warranted for attorney who, among other things, entered into improper agreement with client to pay for current and future legal fees and improperly engaged in business transactions with client.

Former joint tenant brought action against home seller seeking, among other things, 50 percent of the sale proceeds. The Circuit Court, Miami-Dade County, Margarita Esquiroz, J., denied seller's motion for partial summary judgment and her motion to release 50 percent of the sale proceeds from escrow. Seller appealed. On motion for rehearing and clarification, the District Court of Appeal, Suarez, J., 994 So.2d 463, dismissed appeal in part, and reversed in part. Former joint tenant sought review.