UPDATED THROUGH March 30, 2017
Foreclosure – Statute of Limitations. Certified Conflict: Can a foreclosure action, which is governed by a five-year statute of limitations, be based on payment defaults older than five years when the complaint alleges that the borrower was in a continuing state of default? Bollettieri Resort Villas Condo. Ass’n v. The Bank of N.Y. Mellon, No. SC16-1680 (review granted Nov. 2, 2016). DCA decision: 198 So. 3d 1140 (Fla. 2d DCA Aug. 26, 2016). Status: decision pending; briefing complete (Mar. 20, 2017); no oral argument.
Ad Valorem Tax Exemption – City Marina. Certified Question: In light of Florida Department of Revenue v. City of Gainesville, 918 So. 2d 250 (Fla. 2005), does a municipally owned and operated marina still qualify as a traditionally exempt “municipal or public purpose” under Article VII, Section 3(a) of the Florida Constitution? Treasure Coast Marina, LC v. City of Ft. Pierce, No. SC16-1107 (review granted Aug. 25, 2016). DCA decision: 195 So. 3d 1141 (Fla. 4th DCA May 31, 2016). Status: oral argument is scheduled for Apr. 5, 2017; briefing complete (Jan. 11, 2017).
Copyright Protection – Sound Recordings, Questions Certified by the Eleventh Circuit Court of Appeals: (1) Whether Florida recognizes common law copyright in sound recordings and, if so, whether that copyright includes the exclusive right of reproduction and/or the exclusive right of public performance? (2) To the extent that Florida recognizes common law copyright in sound recordings, whether the sale and distribution of phonorecords to the public or the public performance thereof constitutes a “publication” for the purpose of divesting the common law copyright protections in sound recordings embedded in the phonorecord and, if so whether the divestment terminates either or both of the exclusive right of public performance and the exclusive right of reproduction? (3) To the extent that Florida recognizes a common law copyright including a right of exclusive reproduction in sound recordings, whether Sirius’s back-up or buffer copies infringe Flo & Eddie’s common law copyright exclusive right of reproduction? (4) To the extent that Florida does not recognize a common law copyright in sound recordings, or to the extent that such a copyright was terminated by publication, whether Flo & Eddie nevertheless has a cause of action for common law unfair competition / misappropriation, common law conversion, or statutory civil theft under Fla. Stat. § 772.11 and Fla. Stat. § 812.014? Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. SC16-1161 (review acknowledged July 5, 2016). 11th Cir. decision: 827 F.3d 1016 (June 29, 2016). Status: oral argument is scheduled for Apr. 6, 2017; briefing complete (Jan. 23, 2017).
Payment-in-lieu-of-Taxes (PILOT) Agreement – Ad Valorem Tax Exemption. The Court answered the certified question in the negative. It held that PILOT Agreements that require payments equaling the ad valorem taxes that would otherwise be due but for a statutory tax exemption do not violate section 196.1978, Florida Statutes (2000), and Article VII, § 9(a) of the Florida Constitution. City of Largo, Florida v. AHF-Bay Fund, LLC, No. SC15-1261 (review granted Dec. 8, 2015). DCA decision: 169 So. 3d 133 (Fla. 2d DCA Apr. 22, 2015). Status: decided; Corrected Slip Opinion (Mar. 16, 2017); Oral Argument Video (Sept. 1, 2016); briefing complete (Apr. 15, 2016).
Eminent Domain – Harris Private Property Rights Protection Act. Conflict Certified: Can the owner of property adjacent to property that was subject to governmental action maintain a cause of action under the Harris Act? Hardee Cnty., Fla. v. FINR II, Inc., No. SC15-1260 (review granted Aug. 18, 2015). DCA decision: 164 So. 3d 1260 (Fla. 2d DCA June 10, 2015). Status: oral argument rescheduled to Thurs., Feb. 9, 2017; briefing complete (Dec. 29, 2015).
Eminent Domain – Harris Private Property Rights Protection Act. Question Certified: May a property owner maintain an action pursuant to the Harris Act if that owner has not had a law, regulation, or ordinance directly applied to the owner’s property which restricts or limits the use of the property? Smith v. City of Jacksonville, No. SC15-534 (review granted May 22, 2015). DCA decision: 159 So. 3d 888 (Fla. 1st DCA Feb. 26, 2015). Status: oral argument rescheduled to Thurs., Feb. 9, 2017; briefing complete (July 11, 2016); suggestion of mootness denied (Mar. 18, 2016).
For further treatment of this case, please click here.
Foreclosure – Statute of Limitations. Rephrased Question Certified: The Court answered the following rephrased certified question in the negative: Does acceleration of payments due under a residential note and mortgage with a reinstatement provision in a foreclosure action that was dismissed pursuant to rule 1.420(b), Florida Rules of Civil Procedure, trigger application of the statute of limitations to prevent a subsequent foreclosure action by the mortgagee based on payment defaults occurring subsequent to dismissal of the first foreclosure suit? Bartram v. U.S. Bank. Nat’l Ass’n, No. SC14-1265; The Plantation at Ponte Vedra v. U.S. Bank Nat’l Ass’n, No. SC14-1266; Gratsiani v. U.S. Bank Nat’l Ass’n, No. SC14-1305 (review granted and cases consolidated Sept. 11, 2014). DCA decision: 140 So. 3d 1007 (Fla. 5th DCA Apr. 25, 2014). Status: motions for rehearing denied (Mar. 16, 2017); decided (Nov. 3, 2016); Corrected Slip Opinion (Mar. 16, 2017); Oral Argument Video (Nov. 4, 2015); briefing complete (Mar. 17, 2015).