This is a Prior instruments and Obligations form, in addition to being made subject to all conveyances, reservations, and exceptions or other instruments of record, this assignment is made and assignee accepts this assignment subject to all terms, provisions, covenants, conditions, obligations, and agreements, including but not limited to the plugging responsibility for any well, surface restoration, or preferential purchase rights, contained in any contracts existing as of the effective date of this assignment and affecting the assigned property, whether or not recorded.
Florida Prior instruments and Obligations
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Multi-State
Control #:
US-OG-506
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Word;
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FAQ
A ?transitory foreign substance? was defined by the Supreme Court of Florida as ?any liquid or solid substance, item or object located where it does not belong.? Owens v. Publix Supermarkets, Inc., 802 So.
(1) Except as provided herein, it shall be usury and unlawful for any person, or for any agent, officer, or other representative of any person, to reserve, charge, or take for any loan, advance of money, line of credit, forbearance to enforce the collection of any sum of money, or other obligation a rate of interest ...
Premises liability is a legal concept that describes a property owner's legal responsibility for any injuries that were caused by some unsafe condition as a result of their negligence. To put it simply, both public and private property owners have a legal responsibility to keep their property safe for visitors.
702.01 Equity. ?All mortgages shall be foreclosed in equity. In a mortgage foreclosure action, the court shall sever for separate trial all counterclaims against the foreclosing mortgagee. The foreclosure claim shall, if tried, be tried to the court without a jury.
Florida Statute § 768.0755(1) states: If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it (emphasis added).
Under Florida law, when someone suffers a slip and fall accident on such a substance, they have to take certain steps to prove that the property owner was negligent. This includes the requirement of proving that the business had either actual or constructive knowledge of the dangerous condition.
Specifically, Florida Statutes section 673.3091 provides that: (1) A person not in possession of an instrument is entitled to enforce the instrument if: (a) The person seeking to enforce the instrument was entitled to enforce the instrument when loss of possession occurred, or has directly or indirectly acquired ...
Under Florida slip and fall law, a business's customers are considered to be ?invitees?, entitled to the highest duty of care from the business or property owner. These duties include undertaking reasonable efforts to keep their premises clear of dangerous or defective conditions that might injure invitees.
