Trial court erred by entering a final summary judgment of dismissal of challenge to city’s ordinances concerning the operation, rental and insurance of motorcycles and mopeds “because the “local governments’ ability to legislate in this area has been preempted by Florida law [Chapter 316].” Classy Cycles, Inc. v. Bay County, 41 Fla. L. Weekly D2201 (Fla. 1st DCA Sept. 28, 2016).
Trial court erred in dismissing a condominium unit owner’s first suit seeking injunctive relief against another unit owner and association because the amended complaint, which included allegations in a second, consolidated complaint seeking damages for negligence, related back. Anderson v. Epstein, 41 Fla. L. Weekly D2211 (Fla. 3d DCA Sept. 28, 2016).
The trial court properly granted summary judgment finding that alluvium (newly formed) land becomes a part of the original property as a matter of law from the moment of its creation and is therefore subject to a mortgage on the original property. Accardi v. Regions Bank, 41 Fla. L. Weekly D2164 (Fla. 4th DCA Sept. 21, 2016).
In a mortgage foreclosure case, the appellate court found there was insufficient evidence to support the total amount of damages reflected in the final judgment and remanded for further proceedings. Ottawa Properties 2, LLC v. Central Mortgage Co., 41 Fla. L. Weekly D2166 (Fla. 4th DCA Sept. 21, 2016).
Trial court erred in dismissing a claim that a development order was inconsistent with the town’s land use plan because “(1) the comprehensive plan is clear and unambiguous, (2) the comprehensive plan requires that the project include residential uses; (3) the project does not contain any residential uses; and thus, (4) the development order approving the project’s site plan is inconsistent with the comprehensive plan.” Realty Associates Fund IX, LP v. Town of Cutler Bay, 41 Fla. L. Weekly D2176 (Fla. 3d DCA Sept. 21, 2016).
In mortgage foreclosure case, trial court erred by entering a dismissal for lack of proof of standing because it had previously struck defendant’s affirmative defense and the final hearing was on damages only. LNV Corporation v. Gonzalez, 41 Fla. L. Weekly D2178 (Fla. 3d DCA Sept. 21, 2016).