Florida’s Use of Judicial Estoppel

• Receiver: court’s inherent equitable power to appoint receiver over non-profit condominium association not limited to categories set forth in Florida Statutes – Granada Lakes Villas Condo. Ass’n, Inc. v Metro-Dade Invs. Co., No. SC11-2590 (Fla. Oct.

Before the clerk of the court will issue a writ of execution or writ of garnishment on a judgment, the clerk will review the judgment to ensure it is valid and enforceable. Failure to include certain specific language in a judgment could prevent or delay your ability to collect on your judgment.

To avoid potential issues, here are some things you should consider including in your final money judgment:

• FCCPA: lender may offset judgment for violations of FCCPA against amounts owing on pre-petition bankruptcy claim - In re Claudia Acosta-Garriga, No. 8:12-cv-00731-SDM (M.D. Fla.

• Foreclosure: an attorney may file a nonresident cost bond on behalf of a client without violating the prohibition against an attorney's acting as a surety for his client – US Bank, N.A. v. Boyer, No. 2D12-3942 (Fla.

• Code Enforcement Liens: Section 73.101, Fla. Stat., entitled City to seek enforcement of its code enforcement liens by motion in condemnation action brought by City; City not required to bring separate action to enforce code enforcement liens – City of Boynton Beach v Janots, Case No. No. 4D11-2076 (Fla. 4th DCA October 10, 2012) (reversed and remanded)