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Real Property, Financial Services, & Title Insurance Update: Week Ending November 5, 2021

Real Property Update

  • Development Orders / Proper Defendant: Executive director of the Department of Economic Opportunity (DEO) was not a “proper defendant” in a declaratory action challenging the constitutionality of subsection 8(c) to section 163.3215, Florida Statutes, regarding prevailing party, where the DEO does not have a sufficient stake in defending a statute that appellants argue chills the ability of locally affected citizens to challenge local government decisions that are not consistent with the local comprehensive plan1000 Friends of Fla., Inc. v. Eagle, No. 1D20-2135 (Fla. 1st DCA Nov. 3, 2021) (affirmed)
  • Foreclosure / Judicial Foreclosure Sale: Unrepresented litigant failed to articulate how the trial court abused its discretion in denying his motion to set aside or “reverse” the judicial foreclosure sale of his homeJenkins v. Silver Pines Ass’n, Inc., No. 5D21-1740 (Fla. 5th DCA Nov. 5, 2021) (affirmed)

Financial Services Update

​No cases to report.

Title Insurance Update

No cases to report.

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