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ARTICLE · 21 SEPTEMBER 2016

Real Property & Title Insurance Update: Week Ending September 16, 2016

Carlton Fields
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Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner's request for vacation of plat...

United StatesInsurance
Dane Blunt
Dane Blunt

REAL PROPERTY UPDATE

  • Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner's request for vacation of plat; if statutory requirements met, petition must be granted and denial is subject to judicial review where board must demonstrate petitioner did not meet statutory requirements -Blair Nurseries, Inc. v. Baker County, Florida, Case No. 1D16-0423  (Fla. 1st DCA September 13, 2016) (Quashing trial court's denial of first-tier certiorari review)

TITLE INSURANCE UPDATE

  • Class Action: futility can excuse delayed invocation  of right to compel arbitration in class action asserting claims against settlement agents overcharging for document recording, where Supreme Court decision midway through case changed laws prohibiting a party from compelling bipolar (individual) arbitration – Chassen v. Fidelity Nat'l Fin., Inc., Case No. 15-3789 (3d Cir. Sep. 8, 2016)

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