Case Law Update for January 14, 2012 (Volume V, Issue 2)

Manuel Farach | January 15, 2012 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume V, Issue 2

January 14, 2012

Manuel Farach

 

Perdido Key Island Resort Development, L.L.P. v. Regions Bank, — So.3d —-, 2012 WL 104464 (Fla. 1st DCA 2012).

Arbitration of personal guarantees not required when arbitration provision of note is narrowly drawn and does not require arbitration of disputes beyond promissory note. However, a mortgage which incorporates note with an arbitration provision must be arbitrated. Arbitration is compelled of some, but not all, claims even though possibility exists of inconsistent awards between arbitration and litigation.

Jones v. Portofino Tower One Homeowners Ass’n, — So.3d —-, 2012 WL 104466 (Fla. 1st DCA 2012).

Notwithstanding the issue whether owners of improvements on leased land are deemed to be owners of underlying fee under the doctrine of equitable ownership, property appraiser and tax collector may not seek to tax at trial that property they originally valued as exempt from taxation.

O’Connor v. Zane, — So.3d —-, 2012 WL 104505 (Fla. 1st DCA 2012).

A judgment creditor has standing to assert a claim under Fla. Stat. §717.124 against unclaimed property in the possession of the Department of Financial Services.

Krock v. Rozinsky, — So.3d —-, 2012 WL 75145 (Fla. 4th DCA 2012).

A court should consider several factors in determining whether a continuance is mandated (e.g., whether the denial of the continuance creates an injustice for the movant; whether the cause of the request for continuance was unforeseeable by the movant and not the result of dilatory practices; and whether the opposing party would suffer any prejudice or inconvenience as a result of a continuance), but a court does not abuse its discretion in denying a continuance when there has been a history of last minute continuance requests.

Rodgers v. After School Programs, Inc., — So.3d —-, 2012 WL 75184 (Fla. 4th DCA 2012).

A motion for post-trial interview of jurors should be granted only if the motion is sworn and also makes allegations that would require a new trial if true. Nonetheless, interview of jurors is not required if the information not disclosed during voir dire was the result of lack of diligence of the trial attorney.

Keybank Nat. Ass’n, Inc. v. Passport Marine, Inc., — So.3d —-, 2012 WL 75248 (Fla. 4th DCA 2012).

A trial court is not permitted to enter a final judgment upon on a preliminary hearing in a replevin action; the preliminary hearing only establishes whether plaintiff has proven the “probably validity” of its claim.

CompuCredit Corp. v. Greenwood, — S.Ct. —-, 2012 WL 43514 (2012).

A party seeking redress under the Credit Repair Organization Act, 9 U.S.C.A. § 2, is required to arbitrate disputes in accordance with the contract between the parties even though the Act gives a party the right to “sue.”

Lawrence v. Bank of America, N.A., Slip Copy, 2012 WL 89904 (11th Cir. 2012).

Florida law does not require banking institutions to investigate transactions, and thus, there is no requirement on bank to investigate whether an account holder is perpetrating a Ponzi scheme.


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