Real Property and Business Litigation Report
Volume IV, Issue 22
May 28, 2011
Conti v. B&E Holdings, LLC, — So.3d —-, 2011 WL 2091139 (Fla. 1st DCA 2011).
Appeal from promissory note judgment is premature if parallel mortgage foreclosure count has yet to be determined by trial court.
Lewis v. Thunderbird Manor, Inc., — So.3d —-, 2011 WL 2029624 (Fla. 2d DCA 2011).
Copy costs and postage are generally considered overhead costs which are not recoverable as taxable costs. Costs for copies may be recovered if they are filed with the court and “reasonably necessary” for determination by the court.
Boca Concepts, Inc. v. Metal Shield Corp., — So.3d —-, 2011 WL 2031328 (Fla. 4th DCA 2011).
An offer to purchase a co-owner’s interest under a business entity “put call” agreement need not specifically mention the “put call” or the correct article of the agreement so long as the intent of the parties is clear.
Nitv, L.L.C. v. Baker, — So.3d —-, 2011 WL 2031339 (Fla. 4th DCA 2011).
A communication which impugns a business by calling the business a scam is defamatory, and will entitle a party to damages for defamation. However, business loss damages which are “vague and ill defined” will not be awarded despite the defamation.
Maynoldi v. Archibishop Coleman F. Carroll High School, Inc., — So.3d —-, 2011 WL 2031340 (Fla. 3d DCA 2011).
A party may be denied Rule 1.380 (c) costs, i.e., costs for proving up a denied Request for Admission, when the request asks admission of a hotly contested issue in the case. Additionally, awarding attorneys’ fees under Rule 1.380 (c) is discretionary with the trial court.
Nardella Chong, P.A. v. Medmarc Casualty Ins. Co., — F.3d —-, 2011 WL 2083941 (11th Cir. 2011).
Improper disbursement of trust account funds due to attorney falling for a banking scam is a negligent act that is covered by the attorneys’ malpractice insurer as maintenance of the trust account is a “professional service” covered by the policy.