JudgesOpinionsSuzanne Hinshaw, Inc v Wachovia Bank - Radu - 06.24.2010Topics:
IN THE CIRCUIT COURT(Radu) OF THE NINTH JUDICIAL CIRCUIT In re Baker, --- F.3d ----, 2009 WL 4912122 (11th Cir. 2009). - 12.26.2009Topics:
A profit sharing or Keogh plan does not have to comply with E.R.I.S.A. in order to be entitled to exemption from claims of creditors pursuant to Fla. Stat. § 222.21 (2)(a)(1). Mohawk Industries, Inc. v. Carpenter, --- S.Ct. ----, 2009 WL 4573276 (2009). - 12.12.2009Topics:
“Disclosure orders” (orders requiring counsel to disclose privileged communications or information) are not entitled to immediate appeal under the Collateral Orders doctrine. The Court stated its decision did not create a chill because it did not think trial courts were “under-enforcing” the...
In re Coady, --- F.3d ----, 2009 WL 4342514 (11TH Cir. 2009). - 12.05.2009Topics:
Bankruptcy debtor who moved into his wife’s house, drove a car leased in wife’s name, had his country club and golf memberships paid by his wife, had the ability to write checks on his wife’s business accounts for personal expenses, and received no income despite working for wife’s businesses...
Specialized Transp. Of Tampa Bay, Inc. v. Nestle Waters North America, Inc., - 11.07.2009Topics:
Applying Florida law, the Eleventh Circuit held whether the parties intended to enter into Miller v. Anheuser Busch, Inc., Slip Copy, 2009 WL 3262023 (11th Cir. 2009). - 10.17.2009Topics:
Florida’s single publication rule applies to Fla. Stat. § 540.08 (misappropriation of a |
About the Florida Business Courts
The Florida Complex Business Litigation Courts are not established as a separate unitary court. Each Complex Business Litigation Court has been created by an administrative order of the chief judge of a judicial circuit and is a section of the General Civil Jurisdiction Division or General Jurisdiction Division of the circuit court in a particular judicial circuit. Accordingly, each Complex Business Litigation Court has adopted separate procedures and forms applicable only to that court and rulings of one Complex Business Litigation Court are not controlling on the other courts. See the page for each Judge and the requirements for their court and division.
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DCA OpinionsFrancis v. Stubbs, --- So.3d ----, 2009 WL 5126365 (Fla. 4th DCA 2009). - 01.02.2010Topics:
Complaint for boundary by acquiescence may lie even though “unambiguous” deeds demonstrate the boundary line between the properties.
Westco, Inc. v. Scott Lewis' Gardening & Trimming, Inc., --- So.3d ----, 2009 WL 5126369 (Fla. 4th DCA 2009). - 01.02.2010Topics:
A trial court must conduct an in camera review of documents claimed to be confidential. Moreover, a non-party need not file a privilege log in order to preserve its claim of privilege; only parties are required to file privilege logs. More... Crystal Motor Car Co. of Hernando, LLC v. Bailey, --- So.3d ----, 2009 WL 5150079 (Fla. 5th DCA 2009). - 01.02.2010Topics:
Fla. Stat. § 682.03 requires trial court hold an evidentiary hearing when there is a dispute whether an arbitration agreement was signed.
Calhoun, Dreggors & Associates v. Volusia County, --- So.3d ----, 2009 WL 150087 (Fla. 5th DCA 2009). - 01.02.2010Topics:
Attorneys’ fees are not awardable to landowner in eminent domain case unless the case is settled or suit is filed; a condemning authority can withdraw a demand for condemnation before suit is filed without incurring fees to the landowner.
Price v. Kronenberger, --- So.3d ----, 2009 WL 5150236 (Fla. 5th DCA 2009). - 01.02.2010Topics:
An email which is sent to a group, some of whose members are residents of Florida, confers long arm jurisdiction under Fla. Stat. § 48.193 (1)(b) for a Florida resident to file suit against the sender of the email, even if the sender did not intend to target Florida residents.
Industrial Affiliates, Ltd. v. Fish, --- So.3d ----, 2009 WL 5125121 (Fla. 3d DCA 2009). - 01.02.2010Topics:
Employment discrimination case cannot be brought based upon the specific identity of complainant’s spouse.
Fedorov v. Citizens State Bank, --- So.3d ----, 2009 WL 5125125 (Fla. 3d DCA 2009). - 01.02.2010Topics:
Two causes of action do not have to be identical in order for a later filed action to be stayed; it is sufficient if there is a single set of facts and resolution of the earlier case will resolve many of the issues in the second suit.
Laquer v. Convergency Plaza Partners, --- So.3d ----, 2009 WL 5126235 (Fla. 3d DCA 2009). - 01.02.2010Topics:
A party may not re-institute arbitration once it waives the right to arbitration.
Sarasota Estate & Jewelry Buyers, Inc. v. Joseph Gad, Inc., --- So.3d ----, 2009 WL 4931673 (Fla. 2d DCA 2009). - 12.26.2009Topics:
Settlement agreement that provides for prejudgment interest “at the highest rate permitted by law” without providing a method for determining the interest amount due creates an unliquidated sum, and a hearing is required to determine the prejudgment interest...
Puig v. PADC Marketing, LLC, --- So.3d ----, 2009 WL 4932893 (Fla. 3d DCA 2009). - 12.26.2009Topics:
The automatic stay imposed by 11 U.S.C. § 362 when one defendant files bankruptcy applies only to the defendant that declares bankruptcy, and does not stay the action against the non-bankrupt co-defendants. It is likewise error to abate the action against all defendants until determination of the...
Johnson v. Gulf County, --- So.3d ----, 2009 WL 4912595 (Fla. 1st DCA 2009). - 12.26.2009Topics:
The clearing and filling of wetlands is “development” within the language of the Gulf County Comprehensive Plan, and a development order is required to clear and fill wetlands notwithstanding the developer receives letters from D.E.P. and the Army Corps of Engineers stating the wetlands are...
Mack v. Perri, --- So.3d ----, 2009 WL 4912602 (Fla. 1st DCA 2009). - 12.26.2009Topics:
Fla. Stat. § 733.710 (1) sets forth an absolute two year time limit to file claims in estates, which time period is not subject to enlargement or waiver. Moreover, the three month time period under Fla. Stat. § 733.702 (1) is measured from the first publication of the notice to creditors, not...
Sly v. McKeithen, --- So.3d ----, 2009 WL 4912609 (Fla. 1st DCA 2009). - 12.26.2009Topics:
A trial court should normally exercise its discretion to allow additional time to serve defendants under Florida Rule of Civil Procedure 1.070 (j) when the statute of limitations has run and the practical effect of a dismissal without prejudice is, because of the statute of limitation, a dismissal with...
Premier Real Estate Holdings, LLC v. Butch, --- So.3d ----, 2009 WL 4927861 (Fla. 4th DCA 2009). - 12.26.2009Topics:
An arbitration provision which contains a blank space and fails to designate an arbitration organization or the “rules” under which disputes will be arbitrated is not void fro vagueness in that Fla. Stat. § 682.04 of the Florida Arbitration Code provides a method for designating...
Banner Supply Co. v. Harrell, --- So.3d ----, 2009 WL 4927912 (Fla. 3d DCA 2009). - 12.26.2009Topics:
Sixty-day abatement provided for under the Controlling Litigation in Construction Act (Fla. Stat. § 558.001 et seq.) not required when construction supply company files motion to abate after the sixty day period has run. Florida Power & Light Co. v. Feo, --- So.3d ----, 2009 WL 4927938 (Fla. 3d DCA 2009). - 12.26.2009Topics:
Florida Power & Light is specifically excluded from liability under the FDUTPA by the language of the Act itself. Franklin v. Regions Bank, --- So.3d ----, 2009 WL 4927976 (Fla. 4th DCA 2009). - 12.26.2009Topics:
Mortgage assignees are permitted, in the discretion of the court, to intervene in foreclosure proceedings post judgment to pursue a deficiency against the mortgagors. Nova Southeastern University, Inc. v. Jacobson, --- So.3d ----, 2009 WL 4928032 (Fla. 4th DCA 2009). - 12.26.2009Topics:
The General Motors v. McGee, 837 so. 2d 1010 (Fla. 4th DCA 2002), test to determine whether there has been an inadvertent waiver of the attorney-client privilege requires examination of the 1) the reasonableness of the precautions taken to prevent inadvertent disclosure; 2) the number of inadvertent...
Sutton v. Monroe County, --- So.3d ----, 2009 WL 4928219 (Fla. 3d DCA 2009). - 12.26.2009Topics:
Cause of action for inverse condemnation due to governmental regulation becomes ripe, under Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172, 186 (1985), upon affirmance on administrative appeal of building permit denial, and statute of limitations applies to...
United Real Estate Ventures, Inc. v. Village of Key Biscayne, --- So.3d ----, 2009 WL 4928356 (Fla. 3d DCA 2009). - 12.26.2009Topics:
President Nixon’s use of the helipad on his property on Key Biscayne was previously permitted because the Supremacy Clause of the United States Constitution insulated the use from code enforcement issues; the right to use the helipad under the Supremacy Clause does not continue after the federal...
Hess Corp. v. Grillasca, --- So.3d ----, 2009 WL 4931668 (Fla. 2d DCA 2009). - 12.26.2009Topics:
Class action status not permitted for Hess gasoline customers who had $75 pre-authorization holds placed on their bank accounts when using debit cards to buy gasoline because individual claim issues predominate over class issues as not all accounts had holds placed, not all class members sustained...
M & H Profit, Inc. v. City of Panama City, --- So.3d ----, 2009 WL 4756147 (Fla. 1st DCA 2009). - 12.19.2009Topics:
The Bert Harris Act, Fla. Stat. § 70.001, provides compensation only for “as applied” and not “facial” takings due to government regulation which “inordinately burdens” property, so the mere passage of a development restricting ordinance is not a violation Houser v. County of Volusia, --- So.3d ----, 2009 WL 4874471 (Fla. 5th DCA 2009). - 12.19.2009Topics:
Trial court‟s dismissal of lawsuit for dilatory and contumacious actions without setting forth findings of fact demonstrating the dilatory and contumacious behavior reversed; findings of fact required by Kozel v. Ostendorf, 629 So.2d 817...
Eppinger v. Sealy, --- So.3d ----, 2009 WL 4874786 (Fla. 5th DCA 2009). - 12.19.2009Topics:
Financial services broker is not required to arbitrate her claims for breach of a marital settlement agreement (“M.S.A.”) through FINRA even though the M.S.A. referred to her continuing to be employed and paid by the brokerage; there is an insufficient nexus between activities as a broker (which call for...
Associated Receivables Funding of Florida, Inc. v. Moecker, --- So.3d ----, 2009 WL 4874788 (Fla. 5th DCA 2009). - 12.19.2009Topics:
Proceedings in a corporate assignment for benefit of creditors (“ABC”), which proceedings do not invoke jurisdiction against a non-party (i.e., the individual owner of the corporation), cannot bind creditors of the non-party as creditors of the non-party are not on notice the ABC proceedings apply to the...
Citizens Property Ins. Corp. v. Garfinkel, --- So.3d ----, 2009 WL 4874789 (Fla. 5th DCA 2009). - 12.19.2009Topics:
Citizens Property Insurance is not an “authorized insurer” as set forth by Fla. Stat. § 624.401 yet it is authorized to issue insurance policies in Florida, so the logical implication is the Florida Legislature intended to create Citizens as a state agency which is provided with sovereign immunity,...
Aikin v. WCI Communities, Inc., --- So.3d ----, 2009 WL 4877708 (Fla. 2d DCA 2009). - 12.19.2009Topics:
Contract for sale of condominium does not violate the Interstate Land Sales Act‟s two year requirement of completion of construction for non-exempt properties when the contract contains a force majeure clause which excuses timely completion...
Saad Homes, Inc. v. Rivero, --- So.3d ----, 2009 WL 4824748 (Fla. 3d DCA 2009). - 12.19.2009Topics:
Venue for suit for breach of construction contract lies in the county where the construction project lies. Strax Rejuvenation and Aesthetics Institute, Inc. v. Shield, --- So.3d ----, 2009 WL 4827051 (Fla. 4th DCA 2009). - 12.19.2009Topics:
The clerk‟s date stamp on a notice of appeal is conclusive as the jurisdictional date pursuant to Florida Rule of Appellate Procedure 1.080 (e), and prior cases permitting variance from this rule are superseded by the 1984 rule...
Karayiannakis v. Nikolits, --- So.3d ----, 2009 WL 4641820 (Fla. 4th DCA 2009). - 12.12.2009Topics:
The language of the Florida Constitution that all property “contiguous” to a homestead is entitled to homestead tax reduction does not mean commercial use apartments contiguous to a homeowner’s homestead apartment unit must be given homestead tax treatment if the units are used for commercial and not...
McMillan v. Shively, --- So.3d ----, 2009 WL 4591074 (Fla. 1st DCA 2009). - 12.12.2009Topics:
A contract implied in fact that arises after breach of an express contract may serve as the basis for a specific performance claim even though specific performance of the express contract is barred by the statute of limitations. PMI Mortg. Ins. Co. v. Kahn, --- So.3d ----, 2009 WL 4639638 (Fla. 3d DCA 2009). - 12.12.2009Topics:
Judgment creditor seeking proceedings supplementary pursuant to Fla. Stat. § 56.29 (11) can be charged for the initial cost of the magistrate; the statutory requirement that the defendant pay for costs is accomplished by later shifting the costs to the defendant. Fernwoods Condominium Ass'n #2, Inc. v. Alonso, --- So.3d ----, 2009 WL 4639650 (Fla. 3d DCA 2009). - 12.12.2009Topics:
A trial judge may reduce earlier oral rulings to writing even when a motion to disqualify is pending so long as the oral rulings were made before the motion to disqualify was filed and reducing the oral ruling to a signed order is ministerial. Citimortgage, Inc. v. Henry, --- So.3d ----, 2009 WL 4640674 (Fla. 2d DCA 2009). - 12.12.2009Topics:
A prior mortgagee whose title appears superior to the foreclosing (and apparently second) mortgagee cannot be forced to try the issue of the priority of titles in the mortgage foreclosure action brought by the foreclosing mortgagee. Warfel v. Universal Ins. Co. of North America, --- So.3d ----, 2009 WL 4640882 (Fla. 2d DCA 2009). - 12.12.2009Topics:
The evidentiary burden imposed on a homeowner seeking insurance coverage for sinkhole damages pursuant to Fla. Stat. § 627.7073 (1) is a “vanishing” or “bursting bubble” presumption pursuant to Fla. Stat. §§ 90.302 and 90.303 and not a shifting of Karten v. Woltin, --- So.3d ----, 2009 WL 4641717 (Fla. 4th DCA 2009). - 12.12.2009Topics:
The Fourth District declined to adopt the Delaware standard for determining derivative versus direct claims (i.e. who suffered the alleged harm and who would have the benefit of any recovery), and re-affirmed its prior holding that a shareholder must bring a derivative claim against a corporation “unless there is...
Ballenisles Country Club, Inc. v. Dexter Realty, --- So.3d ----, 2009 WL 4641809 (Fla. 4th DCA 2009). - 12.12.2009Topics:
Arbitration provisions fall into one of two broad categories: those meant to resolve all disputes through arbitration in lieu of litigation (“complete alternative” provisions) and those meant to have arbitration serve as quick method of resolving issues during contractual performance while the parties work...
Florida Ins. Guar. Ass'n, Inc. v. Shadow Wood Condominium Ass'n, --- So.3d ----, 2009 WL 4283083 (Fla. 4th DCA 2009). - 12.05.2009Topics:
The failure of the insurer which was taken over by FIGA to inform the insured of the mediation process (as required by statute) precludes the right of FIGA to compel the insured to submit to a loss appraisal process. Abu-Ghazaleh v. Chaul, --- So.3d ----, 2009 WL 4283085 (Fla. 3d DCA 2009). - 12.05.2009Topics:
Individuals who were not named plaintiffs in suit were nonetheless “parties” for purposes of attorneys’ fees awards under Fla. Stat. §§ 57.105 (meritless litigation), 768.79 (proposal for settlement) and 772.11 (civil theft) as individuals actively participated in litigation as the result of...
Capitol Environmental Services, Inc. v. Earth Tech, Inc., --- So.3d ----, 2009 WL 4110848 (Fla. 1st DCA 2009). - 12.05.2009Topics:
Party which failed to include its general contractor as an additional insured on its insurance policy is liable under breach of contract for the actual damages suffered by the general contractor, together with attorneys’ fees in defending a personal injury claim and bringing a third party declaratory action, and...
Nine Island Avenue Condominium Ass'n, Inc. v. Siegel, --- So.3d ----, 2009 WL 4281272 (Fla. 3d DCA 2009). - 12.05.2009Topics:
The denial by a trial court of a temporary injunction to enter a condominium unit while non-binding arbitration pursuant to the Condominium Act, Fla. Stat. § 718.1255, was pending does not constitute the end of litigation, and award of attorneys’ fees based on denial of the injunction...
Haven Center, Inc. v. Meruelo, --- So.3d ----, 2009 WL 4281275 (Fla. 3d DCA 2009). - 12.05.2009Topics:
Adding words of finality, i.e., “go hence without day,” to a summary judgment that adjudicates a compulsory counterclaim but does not adjudicate the main claim does not change the rule that a case may not be appealed until the case is final, i.e., when all claims have been disposed. Appeal is dismissed...
U.S. Bank Nat. Ass'n v. Tadmore, --- So.3d ----, 2009 WL 4281301 (Fla. 3d DCA 2009). - 12.05.2009Topics:
Mortgagee accused of intentionally not foreclosing a delinquent mortgage cannot be compelled to pay assessments on condominium unit before it forecloses; mortgagee can only be compelled to pay as required pursuant to Fla. Stat. § 718.116 (1)(b) (foreclosing mortgagee required to pay lesser of assessments for six...
Greenfield v. Northcutt, --- So.3d ----, 2009 WL 4281384 (Fla. 3d DCA 2009). - 12.05.2009Topics:
A successor judge shall not be disqualified on the motion of the same party who disqualified a prior judge unless the successor judge rules he or she cannot be fair or impartial. Mutchnik, Inc. Const. v. Dimmerman, --- So.3d ----, 2009 WL 4282645 (Fla. 3d DCA 2009). - 12.05.2009Topics:
Judgment for homeowners reversed because trial court based its decision on an unpled affirmative defense, i.e., failure of contractor to obtain a building permit. Meyer v. Meyer, --- So.3d ----, 2009 WL 4282646 (Fla. 2d DCA 2009). - 12.05.2009Topics:
The doctrine of equitable estoppel is not subject to the tolling statute, Fla. Stat. § 95.051, and one year statute of limitations for specific performance actions cannot be applied to bar an action when a party is subject to equitable estoppel. However, the doctrine of equitable estoppel cannot sustain a...
Floridian Community Bank, Inc. v. Bloom, --- So.3d ----, 2009 WL 4282903 (Fla. 4th DCA 2009). - 12.05.2009Topics:
Actions for breach of loan extension agreement, breach of covenant of good faith and fair dealing, novation and rescission of loan extension agreement are compulsory counterclaims arising out a mortgage foreclosure action, are subject to the “local action rule,” and must be brought in the same county where...
Charlotte Development Partners, LLC v. Tricom Pictures & Productions, Inc., --- So.3d ----, 2009 WL 4282939 (Fla. 4th DCA 2009). - 12.05.2009Topics:
A cash bond is not an account, general intangible, deposit account, or financial asset under the Florida Uniform Commercial Code for purposes of a UCC-1 Financing Statement. Likewise, a security interest in “money” is perfected under the U.C.C. by possession and not by filing a Financing Statement. In a...
Byrd v. BT Foods, Inc., --- So.3d ----, 2009 WL 4282945 (Fla. 4th DCA 2009). - 12.05.2009Topics:
In a case of first impression in Florida, the Fourth District ruled that “no reasonable cause” determination letters are not admissible in discrimination suits due to the risk their prejudice outweighs their probative value. Winter Park Imports, Inc. v. JM Family Enterprises, --- So.3d ----, 2009 WL 4403198 (Fla. 5th DCA 2009). - 12.05.2009Topics:
Under the Florida (Motor Vehicle) Dealer Act, a manufacturer is prohibited from owning dealerships but a distributor is prohibited only from owning dealerships which sell vehicles in its same “line-make,” i.e.,...
Raphael v. Silverman, --- So.3d ---, 2009 WL 4060915 (Fla. 4th DCA 2009). - 11.28.2009Topics:
By virtue of Florida Statutes §§ 687.0831 (1) and 687.0384 (1), condominium association directors are immune from liability absent fraud, criminal activity, self-dealing, or unjust enrichment. Directors voting to achieve a personal benefit, such as improving the view from their units by removing dividers existing from the original...
CRC 1803, LLC v. North Carillon, LLC, --- So.3d ---, 2009 WL 4060926 (Fla. 3d DCA 2009). - 11.28.2009Topics:
Failure to file a claim for revocation under 15 U.S.C. § 1703 (a)(1)(B), Interstate Land Sales Act, within two years after signing the contract for purchase of real estate is a basis for dismissal of the lawsuit and not merely dismissal of the complaint. Moreover, seeking return of a contract deposit is not seeking “damages” for...
Lincks v. Keenan, ---So.3d ---, 2009 WL 4060983 (Fla. 4th DCA 2009). - 11.28.2009Topics:
A court may dismiss a complaint even if a dismissal has been entered against a defendant because a default only admits well-pleaded allegations.
Celistics, LLC v. Gonzalez, --- So.3d ---, 2009 WL 4061009 (Fla. DCA 2009). - 11.28.2009Topics:
The Third District aligned itself with the Fourth District in ruling that forum selection clauses do not need to contain “magic words” of exclusivity in order to be effective if the language indicates an intent to have a particular forum serve as the exclusive jurisdiction for resolution of disputes.
Dorcely v. State of Florida Dept. of Business and Professional Regulation, --- So.3d ---, 2009 WL 4061078 (Fla. 4th DCA 2009). - 11.28.2009Topics:
The Fourth District ruled a claim for compensation under the Florida Real Estate Recovery Fund, Fla. Stat. § 474.482 et seq., must be made within two years of the act giving rise to the claim or its discovery using due diligence, not two years from date of final judgment finding a real estate licensee responsible for a compensable loss,...
Auto-Owners Ins. Co. v. Governor of Florida, --- So.3d ---, 2009 WL 4061282 (Fla. 4th DCA 2009). - 11.28.2009Topics:
While Florida Rule of Appellate Procedure 9.110 broadens appellate jurisdiction in probate cases to include orders which “finally determine a right or obligation of an interested person” under the Florida Probate Code, it does not expand the scope of jurisdiction of appellate courts to the point where a non-final order on a motion...
Coastal Community Bank v. Jones, --- So.3d ----, 2009 WL 3817889 (Fla. 1st DCA 2009). - 11.21.2009Topics:
Florida Statute § 687.06 (“it shall not be necessary for the court to adjudge an attorney's Chemrock Corp. v. Tampa Elec. Co., --- So.3d ----, 2009 WL 3817896 (Fla. 1st DCA 2009). - 11.21.2009Topics:
The First District ruled the only way to avoid dismissal for lack of prosecution under Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Property Owners Ass'n, Inc., --- So.3d ---, 2009 WL 3837010 (Fla. 4th DCA 2009). - 11.21.2009Topics:
The proposal for settlement statute, Fla. Stat. § 768.79, does not apply to claims that Alliant Ins. Services, Inc. v. Riemer Ins. Group, --- So.3d ----, 2009 WL 3837212 (Fla. 4th DCA 2009). - 11.21.2009Topics:
The party claiming a privilege with regard to documents is entitled to an in camera St. Johns Inv. Management Co. v. Albaneze, --- So.3d ----, 2009 WL 3786426 (Fla. 1st DCA 2009). - 11.14.2009Topics:
Employee entered into an employment agreement for a definite term, but stayed with the employer two years beyond the term of the employment contract. A dispute arose over whether the non-compete provisions ended two years after the end of the contract term or two years after the employee left the...
Candansk, LLC v. Estate of Hicks ex rel. Brownridge, --- So.3d ----, 2009 WL 3787192 (Fla. 2d DCA 2009). - 11.14.2009Topics:
A power of attorney that grants the attorney-in-fact the power to deal with claims and property includes the power to agree to arbitrate claims since claims are “property”; the power to agree to arbitration need not be specifically mentioned in the power of attorney in order for the arbitration provision signed by...
Jaylene, Inc. v. Steuer ex rel. Paradise, --- So.3d ----, 2009 WL 3787239 (Fla. 2d DCA 2009), - 11.14.2009Topics:
The Second District re-affirmed its position that arbitrators determine, in the first instance, whether arbitration provisions are unenforceable if the arbitration contract terms limit remedies. The Second District noted this position is in conflict with the First, Fourth and Fifth Districts, all of which hold the trial court...
WCI Communities, Inc. v. Stafford, --- So.3d ----, 2009 WL 3787552 (Fla. 2d DCA 2009). - 11.14.2009Topics:
The Second District reversed a grant of summary judgment for failure of movant to establish the absence of any genuine fact, and in doing so, adopted the Fourth District’s interpretation Florida Statute § 718.503 rescission rights must be viewed from an objective standard when determining the materiality of the...
Alto Const. Co., Inc. v. Flagler Const. Equipment, LLC, --- So.3d ----, 2009 WL 3788058 (Fla. 2d DCA 2009). - 11.14.2009Topics:
An attorney called to testify by an adverse party is not automatically disqualified; the trial court must determine whether the attorney’s testimony will be adverse to her client, and if so, then the attorney will be disqualified from acting as trial counsel. An attorney called to testify by their own client is...
Cohn v. Grand Condominium Ass'n, Inc., --- So.3d ----, 2009 WL 3763031 (Fla. 3d DCA 2009). - 11.14.2009Topics:
Fla. Stat. § 718.404 (residents of mixed used condominiums are entitled to vote for a majority of the seats on the governing board) unconstitutional as an impairment of contract when applied to a condominium that was in operation prior to the adoption of § 718.404.
General Asphalt Co., Inc. v. Bob's Barricades, Inc., --- So.3d ----, 2009 WL 3763748 (Fla. 3d DCA 2009). - 11.14.2009Topics:
A third party has no general duty to indemnify a defendant if the plaintiff does not allege and claim vicarious liability against the defendant based on the actions or omissions of the third party. More... Estate of Perez v. Life Care Centers of America, Inc., --- So.3d ----, 2009 WL 3672048 (Fla. 5th DCA 2009). - 11.07.2009Topics:
The Fifth District held a party seeking to invalidate an arbitration provision on the basis Nationwide Mut. Fire Ins. Co. v. Voigt, --- So.3d ----, 2009 WL 3673081 (Fla. 2d DCA 2009). - 11.07.2009Topics:
An award of sanctions against a plaintiff pursuant to Florida Statute § 57.105 should State Farm Florida Ins. Co. v. Nichols, --- So.3d ----, 2009 WL 3674569 (Fla. 5th DCA 2009). - 11.07.2009Topics:
The insurance policy language, and not the statute, controls when insurance payments Kaplan v. Divosta Homes, L.P., --- So.3d ----, 2009 WL 3615585 (Fla. 2d DCA 2009). - 11.07.2009Topics:
Homeowner sought disqualification of opposing counsel, but the Second District held no Canale v. Rubin, --- So.3d ----, 2009 WL 361576 (Fla. 2d DCA 2009). - 11.07.2009Topics:
Jurisdiction of Florida courts over a foreign defendant can be based on either the Reimbursement Recovery, Inc. v. Indian River Memorial Hosp., Inc., --- So.3d ----, 2009 WL 3617645 (Fla. 4th DCA 2009). - 11.07.2009Topics:
Award of prejudgment interest for outstanding monthly invoices sustained even though Hitchcock v. Proudfoot Consulting Co., --- So.3d ----, 2009 WL 3618086 (Fla. 4th DCA 2009). - 11.07.2009Topics:
Deposition witness may refuse, based on the Fifth Amendment privilege against self- AVVA-BC, LLC v. Amiel, --- So.3d ----, 2009 WL 3446475 (Fla. 3d DCA 2009). - 10.31.2009Topics:
Rescission of a contract will not be granted absent fraud, mistake or undue influence. Cohen v. Cooper, --- So.3d ----, 2009 WL 3446369 (Fla. 4th DCA 2009). - 10.31.2009Topics:
In a medical malpractice case, the Fourth District held determination of the beginning of Quality Roof Services, Inc. v. Intervest Nat. Bank, --- So.3d ----, 2009 WL 3446476 (Fla. 4th DCA 2009). - 10.31.2009Topics:
Parties do not have to be in privity of contract in order for foreclosure defendant to Skylake Ins. Agency, Inc. v. NMB Plaza, LLC, --- So.3d ----, 2009 WL 3446494 (Fla. 3d DCA 2009). - 10.31.2009Topics:
Corporations and LLCs have to comply with the two witness requirement of Fla. Stat. § American Engineering and Development Corp. v. Town of Highland Beach, --- So.3d --- -, 2009 WL 3446532 (Fla. 4th DCA 2009). - 10.31.2009Topics:
A bidder for a public construction project that does not meet the project bid Johnson, Pope, Bokor, Ruppel & Burns, LLP v. Forier, --- So.3d ----, 2009 WL 3447240 (Fla. 2d DCA 2009). - 10.31.2009Topics:
A trial court must conduct an evidentiary hearing if it finds there is a dispute whether the LoCascio v. Sharpe, --- So.3d ----, 2009 WL 3448111 (Fla. 3d DCA 2009). - 10.31.2009Topics:
The “Slayer Statute,” Fla. Stat. § 732.802 (spouse who kills another spouse is Ramos v. Florida Power & Light Co., --- So.3d ----, 2009 WL 3364872 (Fla. 3d DCA - 10.24.2009Topics:
The Public Service Commission’s findings regarding whether FPL customer engaged in Whitney v. A Aventura Chiropractic Care Center, Inc., --- So.3d ----, 2009 WL - 10.24.2009Topics:
The Third District affirmed a trial court order denying a motion filed in 2007 to vacate a Florida Dept. of Environmental Protection v. West, --- So.3d ----, 2009 WL 3364925 - 10.24.2009Topics:
Even though the Department of Environmental Protection indicated interest in taking the Ford Motor Co. v. Hall-Edwards, --- So.3d ----, 2009 WL 3364937 (3d DCA 2009). - 10.24.2009Topics:
Attempted offensive use of Fla. Stat. § 69.081, the Florida Sunshine in Litigation Act, to Turgman v. MM World Entertainment, LLC, --- So.3d ----, 2009 WL 3364968 (Fla. 3d DCA 2009). - 10.24.2009Topics:
A listing agreement can be drafted so that the broker is entitled to commission when it Haven Center, Inc. v. Meruelo, --- So.3d ----, 2009 WL 3364980 (Fla. 3d DCA 2009). - 10.24.2009Topics:
Adjudication of compulsory counterclaims is not appealable until the main claims arising Terra-Adi Intern. Bayshore, LLC v. Georgarious, --- So.3d ----, 2009 WL 3365493 - 10.24.2009Topics:
An order holding or releasing a purchase money deposit is entitled to non-final appeal Morris v. Florida Agricultural and Mechanical University, --- So.3d ----, 2009 WL 3316922 (Fla. 5th DCA 2009). - 10.17.2009Topics:
College of Law that is part of the state university system is subject to the Florida Roberts v. Stidham, --- So.3d ----, 2009 WL 3316923 (Fla. 5th DCA 2009). - 10.17.2009Topics:
Ten attempts to serve a defendant constitutes “good cause” to extend the time the 120 Crown Custom Homes, Inc. v. Sabatino, --- So.3d ----, 2009 WL 3320196 (Fla. 2d DCA 2009). - 10.17.2009Topics:
A trial court that makes a ruling in an attorneys’ fee award that different legal theories Bishop v. Courtney, --- So.3d ----, 2009 WL 3270830 (Fla. 2d DCA 2009). - 10.17.2009Topics:
Statement in a recorded plat for a subdivision that an area next to a marina was a L.A.D. Property Ventures, Inc. v. First Bank, --- So.3d ----, 2009 WL 3270846 (Fla. 2d DCA 2009). - 10.17.2009Topics:
A deficiency proceeding after a mortgage foreclosure is merely a continuation of the Village of Doral Place Ass'n, Inc. v. Ru4Real, Inc., --- So.3d ----, 2009 WL 3271164 (Fla. 3d DCA 2009). - 10.17.2009Topics:
Condominium common elements cannot be sold at a tax deed sale as doing so violates State Farm Florida Ins. Co. v. Seville Place Condominium Ass'n, Inc., --- So.3d ----, 2009 WL 3271300 (Fla. 3d DCA 2009). - 10.17.2009Topics:
A bad faith claim arising out of a hurricane coverage dispute may proceed where liability National Financial Services, LLC v. Mahan, --- So.3d ----, 2009 WL 3271332 (Fla. 3d DCA 2009). - 10.17.2009Topics:
Arbitration provision contained within money market account agreement was not Suarez v. Edgehill, --- So.3d ----, 2009 WL 3271350 (Fla. 3d DCA 2009). - 10.17.2009Topics:
Florida Statute § 45.032 (1) (a) abrogates the common law, and creates a rebuttable Sacred Family Investments, Inc. v. Doral Supermarket, Inc., --- So.3d ----, 2009 WL 3271875 (Fla. 3d DCA 2009). - 10.17.2009Topics:
Tenant, who held a lease stating landlord could not construct buildings in tenant’s GLK, L.P. v. Four Seasons Hotel Ltd., --- So.3d ----, 2009 WL 3272190 (Fla. 3d DCA 2009). - 10.17.2009Topics:
A claim for violation of Chapter 517 of the Florida Statutes must be brought within two Rice v. NITV, LLC, --- So.3d ----, 2009 WL 3232482 (Fla. 2d DCA 2009). - 10.10.2009Topics:
Even though it is not specifically set forth in Florida Rule of Civil Procedure 1.510 (c), a trial court has discretion to continue a summary judgment hearing.
Rocky Creek Retirement Properties, Inc. v. Estate of Fox, --- So.3d ----, 2009 WL 3232756 (Fla. 2d DCA 2009). - 10.10.2009Topics:
A party is bound by the contract they signed, even if they did not read nor understand it, so long as no excuse for enforcement (e.g., fraud in the inducement) exists.
1445 Washington Ltd. Partnership v. Lemontang, --- So.3d ----, 2009 WL 3189164 (Fla. 3d DCA 2009). - 10.10.2009Topics:
A default admits liquidated damages, but not unliquidated damages such as attorneys fees.
Husky Rose, Inc. v. Allstate Ins. Co., --- So.3d ----, 2009 WL 3189181 (Fla. 4th DCA 2009). - 10.10.2009Topics:
Dispute over whether landlord waived requirement that tenant carry insurance for the benefit of the landlord, and the Fourth District found the following provision of the lease was not an “anti-waiver” provision such that landlord could not argue that tenant could not raise the...
Azanza v. Private Funding Group, Inc., --- So.3d ----, 2009 WL 3189329 (Fla. 4th DCA 2009). - 10.10.2009Topics:
Failure to object to not providing 20 days notice before the summary judgment hearing pursuant to Florida Rule of Civil Procedure 1.510 (c) waives the right to object later.
Liebel v. Nationwide Ins. Co. of Florida, --- So.3d ----, 2009 WL 3189332 (Fla. 4th DCA 2009). - 10.10.2009Topics:
An “all risks” homeowners’ insurance policy does not cover earth movement caused by a ruptured water line underneath the foundation, but does cover the cost of repairing the defective water line.
Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co. Inc., --- So.3d ----, 2009 WL 3189343 (Fla. 4th DCA 2009). - 10.10.2009Topics:
In order to vacate a judgment for fraud on the court, a party must prove extrinsic fraud on the court (conduct which prevents a party from trying an issue before the court) and that the fraud caused prejudice to the movant.
Shell v. Foulkes, --- So.3d ----, 2009 WL 3189348 (Fla. 4th DCA 2009). - 10.10.2009Topics:
A circuit court sitting in its appellate capacity has no jurisdiction to entertain appeals to vacate defaults (not default final judgments) but has jurisdiction to review final judgments of eviction.
O'Barry v. Ocean World, S.A., --- So.3d ----, 2009 WL 3189438 (Fla. 4th DCA 2009). - 10.10.2009Topics:
Discovery of personal financial information prior to judgment not permitted unless the allegations against the party demonstrate the party gained financially as the result of the alleged wrong.
New White Linen, Inc. v. Commercial Laundry Equipment Co., Inc., --- So.3d ----, 2009 WL 3189489 (Fla. 4th DCA 2009). - 10.10.2009Topics:
Order awarding attorneys’ fees must set forth the time expended, the hourly rate and other factors. The failure to do so is not harmless error unless a transcript of the hearing for attorneys’ fees exists which allows an appellate court to determine those issues.
Dougherty ex rel. Eisenberg v. City of Miami, --- So.3d ----, 2009 WL 3190382 (Fla. 3d DCA 2009). - 10.10.2009Topics:
Second-tier certiorari review is limited to determining whether the circuit court applied the correct law and afforded procedural due process unless the ruling under review would result in “manifest injustice” as set forth by Commercial Interiors Corp. of Boca Raton v. Pinkerton & Laws, Inc., --- So.3d ----, 2009 WL 3149098 (Fla. 5th DCA 2009). - 10.03.2009Topics:
Unless there is a challenge to the arbitration provision itself, A. Duda And Sons, Inc. v. St. Johns River Water Management Dist., --- So.3d ----, 2009 WL 3149282 (Fla. 5th DCA 2009). - 10.03.2009Topics:
While valid agricultural uses are exempt from water permitting requirements, those agricultural uses which impact wetlands must still meet permitting requirements as a result of the Warren S. Henderson Wetlands Protection Act, chapter 84-79, Laws of Florida, now codified at Swan Landing Development, LLC v. Florida Capital Bank, N.A., --- So.3d ---- 2009 WL 3151307 (Fla. 2d DCA 2009). - 10.03.2009Topics:
Promissory note and guaranty contained mandatory arbitration provisions but the mortgage did not. Under these facts, the Second District held the mortgage must be foreclosed in equity in a court while the note and guaranty were to be enforced in arbitration.
Stetson Management Co., Inc. v. Fiddler's Elbow, Inc., --- So.3d ----, 2009 WL 3151351 (Fla. 2d DCA 2009). - 10.03.2009Topics:
A trial court cannot stay the entry of a default and immediate possession of the leased property under Fla. Stat. § 83.232 even if the trial court believes good cause has been shown for the entry of a stay.
National Collegiate Athletic Ass'n v. Associated Press, --- So.3d ----, 2009 WL 3128743 (Fla. 1st DCA 2009). - 10.03.2009Topics:
While records of the NCAA are typically not subject to public review and disclosure, those NCAA records reviewed and examined by a state agency (Florida State University in this case) become “public records” of the State of Florida subject to public disclosure because the records were “received” by...
Challenger Inv. Group, LC v. Jones, --- So.3d ----, 2009 WL 3100997 (Fla. 3d DCA 2009). - 10.03.2009Topics:
The issuer of a satisfaction of a judgment typically cannot revisit the satisfaction pursuant to Florida Rule of Civil Procedure 1.540 as the issuance of a satisfaction is a bar to plaintiff seeking further relief. But the recipient of a satisfaction is permitted to move to alter or amend the underlying judgment and...
Republic Federal Bank, N.A. v. Doyle, --- So.3d ----, 2009 WL 3102130 (Fla. 3d DCA 2009). - 10.03.2009Topics:
Although a trial court has discretion to grant continuances and postponements, the postponement of a foreclosure sale based upon “benevolence and compassion” is not a recognized legal ground for postponing a foreclosure sale and is not within the sound discretion of the trial court.
Saralegui v. Sacher, Zelman, Van Sant Paul, Beily, Hartman & Waldman, P.A., --- So.3d ----, 2009 WL 3103301 (Fla. 3d DCA 2009). - 10.03.2009Topics:
Law firm was not responsible for fraudulent actions of one of its former attorneys when it did not know of, approve or ratify the actions of the attorney.
Glenn Wright Homes (Delray) LLC v. Lowy, --- So.3d ----, 2009 WL 3103849 (Fla. 4th DCA 2009). - 10.03.2009Topics:
The Fourth District, sitting en banc, ruled that Fla. Stat. § 201.08(1) does not require documentary stamps be affixed to an unsecured promissory note before the note is enforceable, receding from Tarik, Inc. v. NNN Acquisitions, Inc., --- So.3d ----, 2009 WL 3109943 (Fla. 4th DCA 2009). - 10.03.2009Topics:
An order granting summary judgment in a real estate dispute, even though it may grant possession to one party, is not a final judgment determining possession sufficient to permit an interlocutory appeal pursuant to Florida Rule of Appellate Procedure 9.130 (a)(3)(c)(ii).
E.I. Dupont de Nemours and Co., Inc. v. Aquamar S.A., --- So.3d ----, 2009 WL 3110062 (Fla. 4th DCA 2009). - 10.03.2009Topics:
An attorneys’ campaign contributions within the legal limits to the re-election campaign of a judge are not the basis for disqualification of a judge pursuant to Florida Statute § 38.10.
Tropical Jewelers Inc. v. Bank of America, N.A., --- So.3d ----, 2009 WL 3013497 (Fla. 3d DCA 2009). - 09.26.2009Topics:
Secured lender sold collateral after judgment and sought deficiency against commercial borrowers. The Third District affirmed the finding of the sale not being conducted in a commercially reasonable manner as required under Fla. Stat. § 679.507 (2) as the auctioneer could not state why some items were not inventoried or...
Mitchell v. Beach Club of Hallandale Condominium Ass'n, Inc., --- So.3d ----, 2009 WL 3018126 (Fla. 4th DCA 2009). - 09.26.2009Topics:
Condominium unit owner sought injunction against condominium association imposing special assessment, and the circuit court dismissed petition for lack of jurisdiction on the basis the amount in controversy (the unit owner’s individual $4,000 assessment) was not within the jurisdiction limits of the court. The Fourth...
Pro-Med Clinical Systems, L.L.C. v. Utopia Provider Systems, Inc., --- So.3d ----, 2009 WL 3018144 (Fla. 4th DCA 2009). - 09.26.2009Topics:
Claimant’s suit in federal court seeking damages for copyright infringement, breach of fiduciary duty and breach of contract of the license agreement was dismissed upon defendant’s motion because claimant’s product did not meet the technical requirements of copyrightable subject matter and that other state...
Home Devco/Tivoli Isles LLC v. Silver, --- So.3d ----, 2009 WL 3018146 (Fla. 4th DCA 2009). - 09.26.2009Topics:
Suit for return of deposit for failure to deliver a property report as required by the Interstate Land Sales Act (ILSA) where the seller defended on the basis it had unconditionally agreed to deliver the improved property within two years and was thus exempt from ILSA. Seller argued it was bound to...
Selepro, Inc. v. Church, --- So.3d ----, 2009 WL 3018149 (Fla. 4th DCA 2009). - 09.26.2009Topics:
Foreign corporation was active and current and in good standing in its foreign jurisdiction when it filed suit, but was later administratively dissolved by the foreign jurisdiction. Defendants moved for summary judgment, relying on Fla. Stat. § 607.1501 (foreign corporation may not conduct business in Florida unless it...
Infante v. Vantage Plus Corp., --- So.3d ----, 2009 WL 2950363 (Fla. 3d DCA 2009). - 09.19.2009Topics:
So long as the complaint tracks Fla. Stat. § 812.014(1), the criminal theft statute, there is no need to allege “felonious intent” in order to state a cause of action for civil theft. Likewise, it is not necessary to allege “criminal intent” to plead civil theft if the criminality of the...
City of Key West Tree Com'n v. Havlicek, --- So.3d ----, 2009 WL 2949310 (Fla. 3d DCA 2009). - 09.19.2009Topics:
A circuit court has no jurisdiction to review an oral order of a local government magistrate, and the time frames for appellate review of local government action run from the date of rendition of a written order.
Westgate Miami Beach, Ltd. v. Newport Operating Corp., --- So.3d ----, 2009 WL 2949297 (Fla. 3rd DCA 2009). - 09.19.2009Topics:
The Third District asked the Florida Supreme Court to revisit the rule that reservation of jurisdiction to determine prejudgment interest precludes a judgment from becoming a final judgment and certified the following questions as being of great public importance: Bauer v. DILIB, Inc., --- So.3d ----, 2009 WL 2949296 (Fla. 4th DCA 2009). - 09.19.2009Topics:
A third party, even though it intentionally assists in the violation of a restrictive employment covenant by hiring an employee covered by a restrictive covenant, is not liable for attorneys’ fees and costs to the former employer under Fla. Stat. § 542.335(1)(k). The conduct of the employer in hiring a restricted...
Banco Indus. De Venezuela, C.A. v. de Saad, --- So.3d ----, 2009 WL 2949276 (Fla. 3d DCA 2009). - 09.19.2009Topics:
Fla. Stat. § 607.0850 (indemnification of corporate officers, directors, employees and agents) does not require a “finding of innocence” from criminal charges in order to be entitled to indemnification; the statute merely requires the corporate official have been prosecuted “by reason of the fact he...
Killearn Homes Ass'n, Inc. v. Visconti Family Ltd. Partnership, --- So.3d ----, 2009 WL 2959663 (Fla. 1st DCA 2009). - 09.19.2009Topics:
Dispute over whether billboard constituted a “building” under restrictive covenants wherein both sides claimed the definition of the word “building” was unambiguous but ascribed different meanings to the word. The fact both sides gave different meanings tot the same word rendered the word ambiguous and...
Rappaport v. Mercantile Bank, --- So.3d ----, 2009 WL 2972474 (Fla. 2d DCA 2009). - 09.19.2009Topics:
Lender instituted collection procedures against borrower and sought financial information from borrower’s spouse, a non-signatory to the loan or guarantee documents. The Second District, based on the right of privacy found in the Florida Constitution, Art. I, Sec. 23, found lender was not entitled to such discovery....
Unnerstall v. Designerick, Inc., --- So.3d ----, 2009 WL 2971869 (Fla. 2d DCA 2009). - 09.19.2009Topics:
Fla. Stat. § 713.21(4) (an affected landowner may file a complaint demanding a lienor show cause within 20 days why their lien should not be discharged) is strictly construed, and lienor who filed response showing cause why its breach of contract and equitable (but not lien foreclosure) claims should not be...
Abis v. Tudin, D.V.M., P.A., --- So.3d ----, 2009 WL 2901236 (Fla. 2d DCA 2009) - 09.12.2009Topics:
A post incident release, unlike a pre-incident waiver of liability, need not list the specific acts of negligence being released in order to be binding. Likewise, unnamed third parties need not be specifically listed to be released in a post incident release so long as the release indicates an intention to release the third...
Nucci v. Simmons, --- So.3d ----, 2009 WL 2901295 (Fla. 3d DCA 2009) - 09.12.2009Topics:
The deposition of opposing counsel may be ordered when opposing counsel is only a material (and not a necessary) witness to the underlying litigation. While permitting the deposition of opposing counsel is fraught with issues, such should be permitted in order to determine whether a motion to disqualify opposing counsel should...
4UOrtho, LLC v. Practice Partners, Inc., --- So.3d ----, 2009 WL 2871562 (Fla. 4th DCA 2009) - 09.12.2009Topics:
Dispute over restrictive covenants wherein the Fourth District held proponent of a restrictive covenant must set forth a legitimate business interest in order to be entitled to injunction If it does so, the burden shifts to the opponent to demonstrate how the covenant is overbroad or otherwise not reasonably necessary. The...
Turchin v. Turchin, --- So.3d ----, 2009 WL 2871564 (Fla. 4th DCA 2009). - 09.12.2009Topics:
Property titled in names of both spouses (even though purchased by only one spouse) is subject to a presumption of a gift to the non-purchasing spouse, but the presumption can be overcome by a valid prenuptial agreement.
Wells Fargo Bank, N.A. v. Lupica, --- So.3d ----, 2009 WL 2900714 (Fla. 5th DCA 2009). - 09.12.2009Topics:
It is improper and confusing for a trial judge to deny a motion by stamping the word “denied” on a copy of the motion and signing the copy of the motion. Appeal from this “order” dismissed as it appears no final order was ever rendered by the trial court which gave the appellate court jurisdiction.
Hull v. Lending House, Inc., --- So.3d ----, 2009 WL 2762821 (Fla. 3d DCA 2009) - 09.05.2009Topics:
Substitute service permissible when the record revealed the process server made several attempts to serve the defendant at the property and the property was not easily accessible from the street.
Clauro Enterprises, Inc. v. Aragon Galiano Holdings, LLC, --- So.3d ----, 2009 WL 2762841 (Fla. 3d DCA 2009) - 09.05.2009Topics:
Service on a party through a private mailbox under Fla. Stat. § 48.031(6) is strictly construed and the party seeking to uphold private mailbox service must demonstrate both that the private mailbox was the only address discoverable through public records for the party to be served and that it was actually the mailbox of the party to be...
Blanton v. Baltuskouis, --- So.3d ----, 2009 WL 2762646 (Fla. 4th DCA 2009). - 09.05.2009Topics:
Party who fails to attend trial, merely by his failure to attend trial, is not deemed to have automatically consented to amendment of pleadings at trial to conform to the evidence submitted at trial.
DeFalco v. City of Hallandale Beach, --- So.3d ----, 2009 WL 2762679 (Fla. 4th DCA 2009) - 09.05.2009Topics:
By statute, a mobile home park owner that evicts residents under Fla. Stat. § 723.061 (change in zoning or use of mobile home park) need not provide adequate alternate housing for the displaced residents as required by Fla. Stat. § 713.083. Additionally, Fla. Stat. § 723.061 applies even when a municipality is the owner of...
Jupiter Ocean and Racquet Club Condominium Ass'n, Inc. v. Courtside Properties of Palm Beach, LLC, --- So.3d ----, 2009 WL 2762686 (Fla. 4th DCA 2009) - 09.05.2009Topics: <!-- @page { size: 8.5in 11in; margin: 0.79in } P { margin-bottom: 0.08in } --> Fla. Stat. § 718.302 (an association, after turnover from the developer, may cancel leases entered into by the developer prior to turnover) cannot be applied retroactively, i.e., the statute...
Natural Answers, Inc.v. Carlton Fields, P.A., --- So.3d ----, 2009 WL 2762735 (Fla. 3d DCA 2009) - 09.05.2009Topics:
Transactional attorneys did not commit malpractice by failing to obtain signatures on contract documents when litigation revealed there was only an agreement to agree, not an enforceable contract, between the parties. Destefano v. Adventist Health System Sunbelt, 973 So.2d 492 (Fla. 5th DCA 2007) - 08.31.2009Topics:
Summary: The trial court entered judgment in favor of defamation plaintiff after jury verdict, but reduced compensatory damages by 50% as a result of jury finding that plaintiff was responsible for half his damages by self-publication of the defamatory statements. The appellate court reversed the reduction on the grounds that...
Thorpe v. Gelbwaks, 953 So.2d 606 (Fla. 5th DCA 2007) - 08.31.2009Topics:
Summary: The trial court dismissed an individual defendant on the basis of no personal jurisdiction. The moving party filed an affidavit stating that he did not reside in Florida and that he had not committed any of the wrongdoing alleged against him. The non-moving party responded with an affidavit that the individual had...
City of Tampa v. Companioni, --- So.3d ----, 2009 WL 2634080 (Fla. 2d DCA 2009). - 08.29.2009Topics:
A party whose trial objections are sustained must move for mistrial in order to preserve the objections for appellate review. It is not necessary, however, to move for mistrial as prerequisite for moving for new trial.
Dean v. Mulhall, --- So.3d ----, 2009 WL 2601630 (Fla. 4th DCA 2009). - 08.29.2009Topics:
A party who does not sign a settlement agreement arising out of mediation is not bound by the settlement agreement despite all counsel having signed the agreement.
Comcast Of Florida, L.P. v. L'Ambiance Beach Condominium Ass'n, Inc., --- So.3d ----, 2009 WL 2601635 (Fla. 4th DCA 2009). - 08.29.2009Topics:
A contract entered into by developer to provide cable television services to all members of condominium is a contract that provides for “operation, maintenance or management of a condominium association” and thus can be cancelled pursuant to Fla. Stat. § 718.302 upon turnover of the condominium/association by the developer.
205 Jacksonville, LLC v. A-Affordable Air, LLC, --- So.3d ----, 2009 WL 2601850 (Fla. 3d DCA 2009) - 08.29.2009Topics:
A general denial is a sufficient “meritorious defense” to vacate a clerk’s default, but not sufficient to vacate a final judgment of default. Additionally, counsel failing to properly note the date by which to file an answer can constitute the necessary element of “excusable neglect” to vacate a default.
Nicaragua Trader Corp. v. Alejo Florida Properties, LLC, --- So.3d ----, 2009 WL 2601865 (Fla. 3d DCA 2009). - 08.29.2009Topics:
Dismissal of a an appeal for failure to timely file appellate brief is subject to Florida Rule of Appellate Procedure 9.410, which provides an appellate party must be given at least 10 days notice of the risk of sanctions prior to sanctions being imposed.
Hearn Properties, Inc. v. Cruce, --- So.3d ----, 2009 WL 2602317 (Fla. 1st DCA 2009). - 08.29.2009Topics:
In boundary dispute where one party claimed boundary by acquiescence, the First District held the location of a fence, by itself, is insufficient to establish a dispute or uncertainty as to location of the boundary.
Dees v. Kidney Group, LLC, --- So.3d ----, 2009 WL 2602250 (Fla. 2d DCA 2009). - 08.29.2009Topics:
Party in dispute over dissolution of LLC was entitled to discovery of non-party clients of opposing LLC members when doing so would not result in “annoyance, embarrassment, oppression or undue burden or expense.” Additionally, not allowing discovery would result in material harm to party seeking discovery.
Petersen v. Whitson, --- So.3d ----, 2009 WL 2514164 (Fla. 2d DCA 2009). - 08.22.2009Topics:
Once a Florida courts enters a judgment against a judgment debtor, the Florida courts have continuing jurisdiction over the judgment debtor for purposes of an action to renew the judgment even if the judgment debtor moves to another state after entry of the original judgment.
River Bridge Corp. v. American Somax Ventures, --- So.3d ----, 2009 WL 2516922 (Fla. 4th DCA 2009). - 08.22.2009Topics:
Appellate decision regarding determination of “lost profits” arising from a breach of contract case where the Fourth District held lost profits are determined by the “before and after” or “yardstick” methods, the “yardstick” method being more applicable to the situation where the business does not...
Toll Jupiter L.P. v. Motto, --- So.3d ----, 2009 WL 2516941 (Fla. 4th DCA 2009). - 08.22.2009Topics:
Failure of meeting of the minds with regard to contract which contained an arbitration provision, so arbitration cannot be compelled.
N & D Holding, Inc. v. Town of Davie, --- So.3d ----, 2009 WL 2517060 (Fla. 4th DCA 2009). - 08.22.2009Topics:
The test for determining whether a declaratory judgment action can withstand a motion to dismiss is not whether plaintiff will succeed in obtaining a declaration of rights but whether plaintiff is entitled to a declaration at all.
Manorcare Health Services, Inc. v. Stiehl, --- So.3d ----, 2009 WL 2568264 (Fla. 2d DCA 2009). - 08.22.2009Topics:
The Second District held that notwithstanding provision in contract containing arbitration agreement that any portions of contract found void could not be severed and contract had to be cancelled, that the offending provision could, in fact, be severed. As a result, the contract was not void as against public policy.
Valenzuela v. GlobeGround North America, LLC, --- So.3d ----, 2009 WL 2513875 (Fla. 3d DCA 2009). - 08.22.2009Topics:
The Third District succinctly set forth employment law principles in affirming a summary judgment, holding that “[i]n order to establish a prima facie case of disparate treatment based on gender discrimination, a plaintiff must prove that: (1) the employee is a member of a protected class; (2) the employee was qualified for her position;...
TRG Night Hawk Ltd. v. Registry Development Corp., --- So.3d ----, 2009 WL 2448002 (Fla. 2d DCA 2009). - 08.15.2009Topics:
Party cannot bring negligent misrepresentation and FDUTPA claims upon issues that are dealt with in a contract.
Developers Of Solamar, LLC v. Weinhauer, --- So.3d ----, 2009 WL 2448018 (Fla. 2d DCA 2009). - 08.15.2009Topics:
Real estate sales contract which gave developer of condominiums an option to rescind if it did not submit the entire project to condominium did not lack mutuality of obligation upon developer submitting entire project to condominium as it could not be withdrawn at that point. The contract was also not void for lack of mutuality of remedy in that...
Bonilla v. Yale Mortg. Corp., --- So.3d ----, 2009 WL 2448142 (Fla. 3d DCA 2009). - 08.15.2009Topics:
Summary judgment of foreclosure and order denying motion for rehearing reversed when pro bono counsel for borrower who appeared at last moment was not given opportunity to fully present borrower’s defenses and there appeared to be valid defenses to foreclosure, including usury.
KeyBank Nat. Ass'n v. Knuth Ltd., --- So.3d ----, 2009 WL 2448160 (Fla. 3d DCA 2009). - 08.15.2009Topics:
Order denying motion for appointment of receiver reversed where there was substantial likelihood the mortgagee would prevail on the merits as borrower was in default and had not shown meritorious defenses, and rents were not being paid over to the mortgagee despite there being in place an assignment of rents.
BDO Seidman, LLP v. Banco Espirito Santo Intern., Ltd., --- So.3d ----, 2009 WL 2448178 (Fla. 3d DCA 2009). - 08.15.2009Topics:
The posting of a supersedeas bond precludes discovery in aid of execution, but the posting of a bond pursuant to Fla. Stat. § 45.045(1) (party may obtain stay of enforcement for judgment in excess of $50 million by posting supersedeas bond of $50 million) allows judgment creditor to conduct limited discovery in aid of execution to see...
Williams v. Cadlerock Joint Venture LP, --- So.3d ----, 2009 WL 2448377 (Fla. 4th DCA 2009). - 08.15.2009Topics:
The failure to seek Fla. Stat. § 57.105 fees in a prior appeal does not prohibit a party from seeking such fees in the trial court for further actions after remand of the appellate case.
Save On Cleaners Of Pembroke II Inc. v. Verde Pines City Center Plaza LLC, --- So.3d ----, 2009 WL 2448382 (Fla. 4th DCA 2009). - 08.15.2009Topics:
The failure to plead claim for attorneys’ fees is not fatal to an award of attorneys fees if, despite Stockman v. Downs, 573 So. 2d 835 (Fla. 1991) (party must plead claim for attorneys’ fees), party made clear its intention to seek attorneys’ fees and opposing party acquiesced in the claim.
Keyes Co. v. Spencer, --- So.3d ----, 2009 WL 2448405 (Fla. 4th DCA 2009). - 08.15.2009Topics:
Error for trial court to allow prevailing party in arbitration to seek modification of final judgment to award attorneys’ fees when prevailing party had three opportunities to seek modification or clarification of the arbitration award and failed to do so during the required time period. Additionally, prejudgment interest was due on...
Chastain v. Cunningham Law Group, P.A., --- So.3d ----, 2009 WL 2408178 (Fla. 2d DCA 2009). - 08.08.2009Topics:
Disbarred attorney who was working on a contract basis as paralegal for law firm was entitled to quantum meruit for work performed, even if the disbarred attorney ceased work before the underlying contingency cases on which he was working came to fruition. Faro v. Romani, 641 So. 2d 69 (Fla. 1994) (attorney who withdraws from contingency case...
Redington Grand, LLP v. Level 10 Properties, LLC, --- So.3d ----, 2009 WL 2408334 (Fla. 2d DCA 2009). - 08.08.2009Topics:
Contracts are subject to rescission for lack of mutuality of obligation, but not for lack of mutuality of remedy. Thus, a real estate sales contract that gave the developer different remedies than given to purchasers was enforceable as an “[o]bligation pertains to the consideration while remedy pertains to the means of enforcement.”
Pinnacle Floor Covering, Inc. v. Department of Transp., --- So.3d ----, 2009 WL 2408338 (Fla. 2d DCA 2009). - 08.08.2009Topics:
Claim for business damages arising out of a condemnation proceeding where the business owner did not prevail on the claim for business damages but was awarded expert witness fees. The Second District reversed, holding that Fla. Stat. § 73.091(1) only permits an award of expert witness fees when the business owner prevails on its business...
Lynch v. Solid Waste Haulers Florida, LLC, --- So.3d ----, 2009 WL 2392988 (Fla. 1st DCA 2009). - 08.08.2009Topics:
Whether a party has waived the right to arbitration by participation in litigation depends on the totality of the circumstances, and the right was not waived under the facts of this case despite one defendant filing an answer and another filing a motion to dismiss prior to either defendant filing a motion to compel arbitration.
Greenberg v. Big Cypress Realty, Inc., --- So.3d ----, 2009 WL 2382309 (Fla. 4th DCA 2009) - 08.08.2009Topics:
Johnson v. Davis claims can be asserted against real estate brokers, but only for residential transactions. Trial court dismissal against brokers reversed because the dismissed complaint did not explicitly state whether it was a residential transaction.
Lake Charleston Maintenance Ass'n, Inc. v. Farrell, --- So.3d ----, 2009 WL 2382315 (Fla. 4th DCA 2009). - 08.08.2009Topics:
A homeowners’ association does not need to prove in its case in chief that its Development Review Board (architectural review committee) was properly constituted and formed in order to enforce its rulings.
McCarthy v. Estate of Krohn, --- So.3d ----, 2009 WL 2382349 (Fla. 4th DCA 2009). - 08.08.2009Topics:
Prejudgment interest is awardable on a discharged law firm’s quantum meruit claim.
Frost v. Regions Bank, --- So.3d ----, 2009 WL 2382368 (Fla. 4th DCA 2009). - 08.08.2009Topics:
Lender’s failure to negate, either through facts or law, borrower’s affirmative defense of failure to give proper notice requires reversal of summary judgment in favor of lender.
Terra Firma Holdings v. Fairwinds Credit Union, --- So.3d ----, 2009 WL 2382414 (Fla. 2d DCA 2009). - 08.08.2009Topics:
Grant of summary judgment on basis not set forth in pleadings is improper.
Prestige Valet, Inc. v. Mendel, --- So.3d ----, 2009 WL 2382528 (Fla. 2d DCA 2009). - 08.08.2009Topics:
Setting aside a co-defendant’s settlement agreement as a condition precedent to setting aside a different co-defendant’s settlement agreement is error when the settlement agreements are independent of each other.
Angelino v. Santa Barbara Enterprises, LLC, ___ So.2d ___ (Fla. 3d DCA February 18, 2009) - 02.18.2009Topics:
Summary: The appellate court reverses the trial court’s entry of a preliminary injunction and imposition of a constructive trust. A 50% shareholder in a deadlock situation sued the other and the corporation for dissolution and liquidation, and the other 50% shareholder countersued to recover sums due and for an injunction...
Juega v. Davidson, ____ So.2d _____, 2009 WL 321564 (Fla. 3d DCA February 11, 2009) - 02.11.2009Topics:
Summary: The appellate court reverses the dismissal of an action under Rule 1.210(a) that an estate’s agent was not the real party in interest to bring claims on behalf of the estate against a third party for conversion and civil theft. While the decedent’s estate had been closed in Spain and the executor’s...
Extraordinary Title Services, Inc. v. Florida Power & Light Company, ___ So.2d ___, 2009 WL 321581 (Fla. 3d DCA February 11, 2009) - 02.11.2009Topics:
Summary: The appellate court affirms the trial court’s dismissal with prejudice of a utility customer’s claims against Florida Power and Light that its collection of federal corporate taxes that were not remitted to the federal government was wrongful under Florida’s Deceptive and Unfair Trade Practices Act and that...
Bortell v. White Mountains Insurance Group, Ltd., ___ So.2d ___ (Fla. 4th DCA January 28, 2009) - 01.28.2009Topics:
Summary: Insurance sales person who unwittingly worked for insurance company not licensed to do business in Florida subsequently sued insurance company after it agreed with the state to cease business in Florida. The sales person alleged a cause of action under Florida Statute Section 624.401, which permits a...
Burley v. Gelco Corporation, 976 So.2d 97 (Fla. 5th DCA 2008) - 08.31.2008Topics:
Summary: Failure by automobile lessor to give lessee proper notice under Section 679.610 of public sale of repossessed automobile creates rebuttable presumption that sale was commercially unreasonable. An affidavit of lessor stating manner of sale as “usual and public” ruled insufficient to overcome this presumption as...
KC Leisure, Inc. v. Haber, 972 So.2d 1069 (Fla. 5th DCA 2008) - 08.31.2008Topics:
Topics: Franchises; Florida Deceptive and Unfair Trade Practices Act; Officer and Shareholder Liability Summary: The appellate court reverses the trial court’s order dismissing plaintiff’s fourth amended complaint with prejudice, finding that plaintiff/franchisee stated a claim under Florida’s...
Goldin v. Salomon Smith Barney, Inc., 994 So.2d 517 (Fla. 3d DCA 2008) - 08.31.2008Topics:
Topics: Fraudulent Misrepresentation; Justifiable Reliance; Duty to Disclose; Investment Banks; New York Law Summary: The appellate court affirms the trial court’s dismissal with prejudice of a claim by minority shareholders against corporation’s investment bankers because under New York law, the plaintiffs...
Atlas Air, Inc. v. Greenberg Traurig, P.A., 997 So.2d 1117 (Fla. 3d DCA 2008) - 08.31.2008Topics:
Topics: Attorney Disqualification Summary: The trial court disqualified a partner at a law firm because she had inadvertently been exposed to privileged documents of an opposing party. The appellate court ruled that the whole law firm must be disqualified because the law firm had not followed applicable precedent...
Solari v. Zublin Chile Ingenieria Y Construcciones, 987 So.2d 161 (Fla. 3d DCA 2008) - 08.31.2008Topics:
Topics: Forum Non-Conveniens; Rule 1.061; Severance of Actions Summary: The appellate court affirmed the trial court’s denial of a motion to dismiss for forum non-conveniens because the motion was not stipulated to or joined in with by one of the moving defendants’ co-defendants. A court cannot even...
SS Funding LLC v. Phelan, 981 So.2d 1282 (Fla. 3d DCA 2008) - 08.31.2008Topics:
Topics: Assignment for the Benefit of Creditors; Proceedings Supplementary; Surrender of Notes; Florida Statute Section 617.6041 Summary: Assignee of corporation’s assets for the benefit of creditors sought to sell corporation’s assets free and clear of any liens. 2002 noteholder objected that it had...
San Martin v. Daimler Chrysler Corp., 983 So.2d 620 (Fla. 3d DCA 2008) - 08.31.2008Topics:
Topics: Magnuson Moss Warranty Act; Attorneys’ Fees; 15 U.S.C. Section 2310 Summary: Consumer plaintiffs in Magnuson Moss Warranty Act accepted defendants’ four-figure offers of judgment which reserved issue of entitlement of plaintiffs to attorneys’ fees. The appellate court ruled that accepting...
Curd v. Mosaic Fertilizer, LLC, 993 So.2d 1078 (Fla. 2d DCA 2008) - 08.31.2008Topics:
Topics: Torts; Duty; Florida Statute Section 376.313; Economic Damages; Pollution Summary: Commercial fishermen filed common law tort claims against a fertilizer company alleging pollution from fertilizer had caused the fishermen economic harm from reduced number of fish in Tampa Bay. The appellate court agreed...
200 East Partners, LLC v. Gold, 997 So.2d 466 (Fla. 4th DCA 2008) - 08.31.2008Topics:
Topics: Interstate Land Sales Full Disclosure Act; 15 U.S.C. Section 1701 Summary: Summary judgment in favor of purchasers of a condominium against a developer is affirmed. The purchasers sued the developer under the Interstate Land Sales Full Disclosure Act. The developer failed to provide the purchasers...
Manning v. Cooper, 981 So.2d 668 (Fla. 4th DCA 2008) - 08.31.2008Topics:
Topics: Attorney Disqualification; Attorney-Client Privilege Summary: An attorney represented a driver and two passengers involved in a collision with another vehicle against the insurance company of the other vehicle. In that case, the other vehicle’s insurer conducted a fraud investigation, which the...
Imperial Majesty Cruise Line, LLC v. Weitnauer Duty Free, Inc., 987 So.2d 706 (Fla. 4th DCA 2008) - 08.31.2008Topics:
Topics: Tortious Interference; Nominal Damages; Punitive Damages Summary: After a bench trial on a tortious inference claim, the trial court awarded the plaintiff nominal damages of $1,000 and punitive damages of $750,000. The appellate court reversed both awards. An element of a tortious interference claim...
Fairway Mortgage Solutions, Inc. v. Locust Gardens, 988 So.2d 678 (Fla. 4th DCA 2008) - 08.31.2008Topics:
Topics: Landlord and Tenant; Guaranty; Landlord Duty to Mitigate; Summary Judgment Summary: The trial court entered summary judgment in favor of a commercial landlord against a former corporate tenant and against an officer on a personal guaranty. The appellate court upheld the judgment as against the tenant...
Ryan v. American Marine Holdings, Inc., 989 So.2d 730 (Fla. 4th DCA 2008) - 08.31.2008Topics:
Topics: Compulsory Counterclaims; Dismissal without Prejudice Summary: The trial court dismissed a plaintiff’s boat warranty claim against a corporate defendant on the grounds that the defendant was the same entity involved in litigation with the plaintiff in Sarasota Circuit Court. The trial court held that the action...
Carter v. Conde Nast Publications, 983 So.2d 23 (Fla. 5th DCA 2008) - 06.23.2008Topics: Sealing of Discovery; Confidentiality Agreements
Summary: When parties file materials under seal pursuant to a court-approved confidentiality order that does not require the court to accept the parties’ designation of confidential material for sealing, the burden is properly on the party seeking to maintain the materials under seal to meet the necessary legal standards to...
Gencor Industries, Inc. v. Fireman Trust Insurance Co., 988 So.2d 1206 (Fla. 5th DCA 2008) - 06.23.2008Topics: Breach Of Contract; Warranties; Prejudgment Interest
Summary: Appellate court upholds entry of judgment on jury verdict for breach of contract claim relating to installation of asphalt factory components. Disclaimer of product warranty in contract does not bar contract action for poor performance of services. Prejudgment interest properly awarded as of date insurer paid...
Sanford Auto Dealers Exchange, Inc. v. Fields Motorcars of Florida, Inc., 988 So.2d 1144 (Fla. 5th DCA 2008) - 06.23.2008Topics: Venue
Summary: Appellate court affirms order denying motion to transfer venue in contract action where defendant sought transfer on grounds that its place of business is in another county. When contract at issue fails to specify place where payments are to be made, a presumption is created that action to collect unpaid sums lies in...
ABC Liquors v. Centimark Corp., 967 So.2d 1053 (Fla. 5th DCA 2007) - 08.31.2007Topics:
Topics: Enforceability of Settlement Agreement; Summary Judgment; Motion for Leave to Amend Summary: The appellate court reverses the trial court’s entry of summary judgment on non-enforceability of settlement agreement upon which plaintiff had sued for breach, and denying motion for leave to amend to re-plead...
Steritech Group, Inc. v. MacKenzie, 970 So.2d 895 (Fla. 5th DCA 2007) - 08.31.2007Topics:
Topics: Arbitration; Parties Bound by Arbitration Agreement; Scope of Arbitration Agreement Summary: A wife who was not a party to husband’s shareholder agreement with corporation is bound by arbitration clause therein when wife signed separate marital asset agreement that specifically provides that wife joins as...
BSP/Port Orange, LLC v. Water Mill Properties, Inc., 969 So.2d 1077 (Fla. 5th DCA 2007 - 08.31.2007Topics:
Topics: Summary Judgment; Failure to Plead Affirmative Defenses Summary: Summary judgment awarding damages on oral agreement to recover real estate commission is affirmed when non-moving party argued at hearing that agreement had been modified, but modification was not plead as affirmative defense. More... Boatwright Construction, LLC v. Tarr, 958 So.2d 1071 (Fla. 5th DCA 2007) - 08.31.2007Topics:
Topics: Motion for Judgment on the Pleadings; Unlicensed Contractors Summary: Unlicensed contractor brought contract and related tort actions against Florida licensed contractor for whom it had constructed a restaurant on behalf of a property owner. The licensed contractor failed to remit all of the sums it received from...
Bankers Trust Co. v. Basciano, 960 So.2d 773 (Fla. 5th DCA 2007) - 08.31.2007Topics:
Topics: Lender Liability; Contracts; Negligent Misrepresentation; Florida Deceptive and Unfair Trade Practices Act Summary: Hotelier/debtor brought multi-count action against non-recourse lender’s loan servicer/work-out agent for failing to enter into a restructuring or debt modification agreement after it...
Lake Sue Development Co. v. Keewin Real Property Company, 950 So.2d 1280 (Fla. 5th DCA 2007). - 08.31.2007Topics:
Topics: Summary Judgment; Real Estate Commission; Real Estate Sales Contract Summary: The trial court entered summary judgment in a real estate broker’s favor for a sale that occurred several months after the expiration of a 6-month term in a written exclusive sales contract. The trial court held that it was...
Deloitte & Touche v. Gencor Industries, Inc., 929 So.2d 678 (Fla. 5th DCA 2006) - 08.31.2006Topics: Venue
Topics: Personal Jurisdiction; Affidavits; Subsidiary Corporations; Venue; Venue Selection Clause Summary: The trial court denied a motion to dismiss for lack of personal jurisdiction as to the British subsidiary of Deloitte & Touche because the affidavits reflected that the British concern communicated with its US...
Episcopal Diocese of Central Florida v. Prudential Securities, Inc., 925 So.2d 1112 (Fla. 5th DCA 2006) - 08.31.2006Topics:
Topics: Arbitration; Arbitration Clause; Confirmation of Arbitration Award Summary: The appellate court reversed the trial court’s confirmation of an arbitration award and held that the dispute was not subject to arbitration. A brokerage account holder sued its broker’s former brokerage...
ZP No. 54 Limited Partnership v. Fidelity and Deposit Company of Maryland, 917 So.2d 368 (Fla. 5th DCA 2005) - 08.31.2005Topics:
Topics: Summary Judgment; Performance Bond; Fraud; Aiding and Abetting Fraud; Negligent Misrepresentation; Gross Negligence Summary: Building owners sued performance bond issuer not only for breach of the performance bond, but for torts of aiding and abetting fraud, gross negligence, and negligent misrepresentation...
Campellone v. Cragan, 910 So.2d 363 (Fla. 5th DCA 2005) - 08.31.2005Topics:
Topics: Disqualification of Counsel; Derivative Actions; Consent to Dual Representation Summary: Minority owner in three entities sued majority owner in direct claims, and entities in derivative claims. Previous counsel for entities made appearance for all defendants, but trial court disqualified him from...
Timko v. Triarsi, 898 So.2d 89 (Fla. 5th DCA 2005). - 08.31.2005Topics:
Topics: Shareholder Derivative Action; Standing; Florida Statute Section 607.07401 Summary: The appellate court ruled that the “contemporaneous ownership rule” under Florida Statute Section 607.07401 requires that a plaintiff in a shareholders’ derivative action must maintain its shares in the...
Collins v. Daimler Chrysler Corp., 894 So.2d 988 (Fla. 5th DCA 2004) - 08.31.2004Topics:
Topics: Florida Deceptive and Unfair Trade Practices Act Summary: The trial court dismissed an automobile owner’s case under the Florida Deceptive and Unfair Trade Practices Act based against the manufacturer on the diminution in value to her automobile on account of having to have the seatbelts replaced for a...
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