Author Archives: Matthew R. Chait

Fourth DCA opines on when a tenant can claim constructive eviction and a landlord’s damages after a tenant vacates

In the 2015 case of Griffin Industries, LLC v. Dixie Southland Corp., the Fourth District Court of Appeal addressed two issues that frequently arise in landlord-tenant litigation: (i) on what basis a tenant may claim constructive eviction; and (ii) a landlord’s damages after a tenant vacates the premises. CONTINUE READING...

First DCA holds that 60 day deadline to challenge tax assessments does not apply to challenges to tax liens

In Genesis Ministries, Inc. v. Brown, Case No. 1D15-1310 (Fla. 1st DCA February 16, 2016), the First District Court of Appeal held that a challenge to a property tax lien does not need to be filed within 60 days of the certification of the tax roll. CONTINUE READING...

Fourth DCA again addresses foreclosure standing

Sometimes, even where the lender has the original note and introduces it into evidence at a trial in a foreclosure, the borrower challenges standing. CONTINUE READING...


Welcome to the Florida Commercial Real Estate Litigation Blog. Our blog name does not leave much to the imagination as to what we will cover here – all things related to commercial real estate litigation in Florida. There will be case updates and posts about topics of interest to litigators and transactional attorneys, as well as those in the real estate industry. The three editors are all real estate litigation partners in the West Palm Beach office of Shutts & Bowen LLP. Please check in with us frequently, and sign up to receive an email of each new post. We would also love to hear feedback on our posts or the types of posts you would like to see, so please email us at any time. Thanks for reading!

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