Real Property and Business Litigation Report

Volume V, Issue 9

March 3, 2012

Manuel Farach

Harbor Communities, LLC v. Jerue, — So.3d —-, 2012 WL 634924 (Fla. 4th DCA 2012).

A final judgment that implicitly resolves issues raised by a counterclaim is a final judgment even though it does not explicitly reference treatment of the counterclaim.

Siewert v. Casey, — So.3d —-, 2012 WL 635426 (Fla. 4th DCA 2012).

A lease that requires landlord consent for subleasing, without specific standards, is subject to a duty of good faith so that the landlord may not arbitrarily withhold approval of the sublease.

Higgins v. Ryan, — So.3d —-, 2012 WL 637646 (Fla. 3d DCA 2012).

A final order determining the percentages of ownership of a business is not a final order determining immediate possession of property that is appealable under Florida Rule of Appellate Procedure 9.130 (a)(3)(C)(ii).

Tafel v. Lion Antique Investments & Consulting Services, Slip Copy, 2012 WL 653866 (11^th Cir. 2012).

Past consideration will not support a promissory note.

In re Checking Account Overdraft Litigation, Slip Copy, 2012 WL 660974 (11^th Cir. 2012).

An arbitration agreement is not unconscionable because it provides one party (a bank) attorneys’ fees if it is the prevailing party, and further allows the bank to offset such fees against deposits the other party maintains at the bank.

Solymar Investments, Ltd. v. Banco Santander S.A., — F.3d —-, 2012 WL 612302 (11^th Cir. 2012).

Questions relating to fraud in the inducement (fraudulently inducing a party to enter into a contract) are reserved for the arbitrator while questions relating to fraud in the factum (procuring a party’s signature or agreement to a contract without knowledge of its true contents) are reserved for a court. A successful fraud in the inducement claim makes a contract voidable while a successful fraud in the factum claim makes the contract void.