Real Estate

Reversed prescriptive easement judgment on real property.

The trial court entered a judgment declaring a prescriptive easement on certain real property (right to use) belonging to the Brewers. Ms. Lippincott successfully represented the Brewers on appeal.

The Fifth District found the evidence was insufficient to establish a prescriptive easement. The trial court judgment was reversed and remanded with directions to enter judgment in favor of the Brewers.

Reversed judgment favoring tax deed owner, and returned inherited property to Boys’ Ranch.

The owner of a tax deed issued on two Monroe County lots brought a quiet title action against the Edgewood Boys’ Ranch who had inherited these properties. The trial court issued judgment for the plaintiff tax deed owner, and the Boys’ Ranch lost the property. Ms. Lippincott successfully represented the Edgewood Boys’ Ranch on appeal.

The Third District Court of Appeal reversed the judgment for the tax deed owner, finding the tax deed void for failure to strictly comply with the applicable statutes, and the property was returned to the Boys’ Ranch.

Reduced lis pendens bond.

Mitchell, a prospective purchaser of a condominium unit, lost a specific performance action (requiring the sale) against the seller. To prevent the sale of the condominium while on appeal, the trial court required a bond of $600,000.00.

Ms. Lippincott effectively represented Mitchell in a review proceeding and reduced the required bond from $600,000.00 to $20,000.00.

Reversed mortgage foreclosure judgment.

A bank sued to foreclose its mortgage on certain real estate and to terminate the Savoies’ option to purchase that real estate. The trial court granted summary judgment for the bank and terminated the Savoies’ option to purchase. Ms. Lippincott successfully represented the Savoies on appeal.

The Fifth District Court of Appeal reversed the summary judgment for the bank. The Savoies were granted a reasonable time to exercise their right to purchase the property, and the appellate court also ruled with the Savoies regarding the amount of the option price.

Reversed excessive award of damages.

The Vaughns were found responsible for breaching a contract and for fraud in connection with the sale of a home and the buyer’s discovery of termite damage. The Volusia County Circuit Court entered judgment against the Vaughns for almost $400,000.00. Ms. Lippincott effectively represented them on appeal.

The Fifth District Court of Appeal reversed the judgment and remanded for a new trial on damages, finding the evidence did not support the damages awarded.