Dane R. Blunt

Experience

• Silverthorn/Hernando Homeowners’ Ass’n, Inc. v. Hernando County, No. 2020-CA-000545 (Fla. 5th Cir. Ct. June 13, 2023). Order granting final summary judgment, declaring that developer client had valid easement right to connect water and sewer utilities intended to serve proposed new residential development to existing county-owned utilities facilities located within common areas owned by homeowners association, without the need for association’s consent.
• Vitalia at Tradition Residents’ Ass'n, Inc. v. Vitalia at Tradition, LLC, No. 562021CA000491AXXXHC (Fla. 19th Cir. Ct. Feb. 9, 2023). Order granting partial summary judgment in favor of developer client against homeowners association. The court held that Florida Statutes section 720.303(6), amended effective July 1, 2021, applied retroactively as a clarification of existing law and therefore governed association's claim that developer underfunded reserves from 2015 to 2019 while in control of the association before turnover. Under section 720.303(6), as amended, the court found developer had no obligation to fund reserves and, once developer established reserves, developer had discretion to determine amount of reserves.
• 1905 Assocs., LLC v. Country Club Maint. Ass’n, No. 2021-CA-012280 (Fla. 15th Cir. Ct. Jan. 27, 2023). Order granting final summary judgment, entering final declaratory judgment, and quieting title in favor of clients. The court held that prior owner took title to commercial property without notice of any alleged right of homeowners association to assess or lien such property and, as such, prior owner was a bona fide purchaser for value without notice and conveyed that same title to its successor in title.  
• Karasek v. Stewart Title Guaranty Co., No. 2020-CA-7042 (Fla. Cir. Ct. Sept. 10, 2021). Order granting title insurer’s motion to dismiss with prejudice, dismissing insureds’ breach of contract claim on basis that title insurance policy did not insure fee simple title to portion of adjacent property on which insureds’ bulkhead allegedly encroached.
• Jockey Club Condo. Apartments, Inc. v. Apeiron Miami, LLC, Nos. 3D17-1393, 3D17-1494 (Fla. 3d DCA June 3, 2020). Written opinion affirming developer client’s victory at trial over adjacent property owner associations who had sued to stop the client’s development and holding that (i) original developer’s agreement was not a covenant running with the land or binding on a successor-in-title by virtue of its “successors and assigns” language and (ii) trial court did not abuse its discretion in granting rehearing in order to rule that developer was entitled to develop and maintain its property, without consent of adjacent owners, and to remove significant portions of that property from a stop-gap easement granted by agreement to those adjacent owners.
• Downing v. Fidelity Nat’l Title Ins. Co., No. 3:16-cv-00119, 2017 WL 6371196 (N.D. Ga. Sept. 14, 2017), aff'd, No. 17-14299 (11th Cir. Apr. 12, 2018). Read Opinion. Putative class action against six title insurers alleging unlawful conspiracy to defraud purchasers of title insurance in Georgia by scheming to eliminate discounts from published premiums dismissed with prejudice because, inter alia, alleged misrepresentations of law are not actionable and, even if actionable, were not proximate cause of alleged injury to plaintiff. 
• Jockey Club Condo. Apartments, Inc. v. Apeiron Miami, LLC,  No. 16-5957 CA 40 (Fla. Cir. Ct. July 5, 2017). Final order granting developer’s motion for rehearing, removing tennis courts from easement area, and suspending remaining common area easement during developer’s maintenance, operation, and development of its property. Read Order.
• Jockey Club Condo. Apartments, Inc. v. Apeiron Miami, LLC,  No. 16-5957 CA 40 (Fla. Cir. Ct. May 26, 2017). Final order entered after a five-day bench trial ruling that recorded instruments relied on by plaintiffs to block our developer client from developing and even assuming maintenance of its own property are either barred by MRTA or do not preclude future development and do not preclude the developer from assuming maintenance. Read Order.
• Jockey Club Condo. Apartments, Inc. v. Apeiron Miami, LLC, No. 16-5957 CA 40 (Fla. Cir. Ct. Feb. 4, 2017). Order granting summary judgment based on MRTA and extinguishing a restrictive covenant entered into prior to root of title and belatedly recorded after root of title. Read Opinion. Order granting summary judgment on restrictive covenant recorded without specific legal description of property. Read Opinion. Order granting summary judgment on claim to easements by prescription. Read Opinion.
• Caledonian Bank & Tr. Ltd. v. Fifth Third Bank, No. 8:13-cv-01470, 2015 WL 5542544 (M.D. Fla. Sept. 18, 2015). Order granting defendant’s motion for summary judgment in $30 million action for aiding and abetting fraud and action for civil conspiracy to commit fraud. Read the Order.
• PNC Bank, N.A. v. Tarpon Lakeside Dev., Inc., No. 10-3661 CI, Div. 19 (Fla. Cir. Ct. July 7, 2014). Final summary deficiency judgment and final summary judgment on guaranties entered against borrower and guarantors.
• Diaz v. Stewart Title Guar. Co., No. 12-04902 (Fla. Cir. Ct. Jan. 4, 2013). Dismissal with prejudice of negligence claim brought by lender against title insurer on grounds that claim was barred by Florida’s economic loss rule.
• In re Tarpon Lakeside Dev., Inc., No. 8:11-bk-17475 (Bankr. M.D. Fla. Dec. 21, 2012). Order denying confirmation of debtor’s Chapter 11 bankruptcy plan and dismissing case after contested confirmation hearing.
• Beato v. Morrison Fin. Servs. of Fla., LLC, No. 8:12-cv-01233 (M.D. Fla. Aug. 15, 2012). Order granting motion to dismiss complaint for wrongful foreclosure, fraud, declaratory relief, quiet title, and RESPA violations, dismissing RESPA violations with prejudice and declining supplemental jurisdiction. Read Order.
• Brake v. Wells Fargo Fin. Sys. Fla., Inc., No. 8:10-cv-00338, 2011 WL 6412430 (M.D. Fla. Dec. 21, 2011). Dismissal of fraud, negligence, promissory estoppel, and claims asserted under the National Housing Act against lender on various grounds, including the economic loss rule, the banking statute of frauds, and a finding that no private right of action exists for alleged noncompliance with loss-mitigation procedures under the National Housing Act.
• Corwin v. Lawyers Title Ins. Co., 276 F. Supp. 2d 484 (E.D. Mich. 2011). Denial of class certification in putative statewide consumer class action against title insurance underwriter alleging overcharging for title insurance premiums.
• Hoving v. Lawyers Title Ins. Corp., 256 F.R.D. 555 (E.D. Mich. 2009). Denial of class certification in putative multistate class action alleging overcharging for title insurance premiums.
• Lehman Bros. Holdings, Inc. v. Hirota, No. 8:06-cv-02030, 2007 WL 1471690 (M.D. Fla. May 21, 2007). Dismissal of fraud, conspiracy, and negligence claims against title insurer and closing agent on economic loss rule grounds.
• ZC Ins. Co. v. Brooks, 962 So. 2d 419 (Fla. 4th DCA 2007). Reversal of attorneys’ fees and costs awarded to plaintiff in insurance coverage dispute litigation.
• Norman S. Cohen M.D., P.A. v. Vining, 917 So. 2d 1013 (Fla. 1st DCA 2006). Reversal of summary final judgment against professional association in business dispute litigation.

Recognition

• The Best Lawyers in America, Real Estate Litigation (2023–2024)
• Florida Rising Stars, Super Lawyers Magazine (2009–2019)

Professional & Community Involvement

Speaking Engagements

• "Annual Title Insurance Case Law Update: 2022–2023," Florida Land Title Association Claims Roundtable Presentation (June 16, 2023)
• "Annual Title Insurance Case Law Update: 2020–2021," Florida Land Title Association Claims Roundtable Presentation (June 24, 2022)
• "Florida Mineral Rights Issues," Fidelity National Title Group (October 29, 2019)
• “Quieting Title to Real Property in Florida," Legal Services of North Florida Inc. (September 26, 2019)

Credentials

Areas of Focus