Real Property and Business Litigation Report

Volume V, Issue 15

April 14, 2012

Manuel Farach

Ducharme v. Tissuenet Distribution Services, LLC, — So.3d —-, 2012 WL 1231049 (Fla. 5th DCA 2012).

Plaintiff failed to prove theft of a trade secret, i.e., a chemical cleansing procedure, when the chemicals and the procedure used are well known in the industry. Confidentiality and employment agreements cannot be used to prohibit a former employee working for a competitor; a non-competition agreement is needed.

Fort Plantation Investments, LLC v. Ironstone Bank, — So.3d —-, 2012 WL 1231072 (Fla. 5th DCA 2012).

A lender may pursue guarantee and foreclosure remedies at the same time, but a judgment must be reduced by the amount received at foreclosure sale by lender.

Soares Da Costa Const. Services, LLC v. Altamar Development, LLC, — So.3d —-, 2012 WL 1232609 (Fla. 2d DCA 2012).

A party cannot divest a trial court of jurisdiction to enter judgment confirming an arbitration award (and award prevailing party attorneys’ fees) by voluntarily dismissing the action prior to the trial court entering judgment.

Empire Developers Group, LLC v. Liberty Bank, — So.3d —-, 2012 WL 1232618 (Fla. 2d DCA 2012).

The correct formula for determining a deficiency judgment is the total debt (as set forth in the final judgment of foreclosure) minus the fair market value of the property (as determined by the court) on foreclosure sale date.  The party seeking a deficiency has the burden of proving the fair market value of the foreclosed property was less than the judgment amount.

Griswold Ready Mix Concrete, Inc. v. Reddick, — So.3d —-, 2012 WL 1216268 (Fla. 1^st DCA 2012).

A construction contract indemnification provision under Fla. Stat. § 725.06 must contain a monetary limitation as set forth in the statute otherwise it is void.

Clark v. Bluewater Key RV Ownership Park, — So.3d —-, 2012 WL 1192089 (Fla. 3d DCA 2012).

An association may not impose fees on lot owners’ rights to lease to third parties if the Declaration of Restrictive Covenants permits on “reasonable regulations” on leasing.

AJH Property Investments Ltd. v. Suntrust Bank, — So.3d —-, 2012 WL 1192097 (Fla. 3d DCA 2012).

Summary judgment for escrow holder reversed since escrow holder did not prove it met the requirements for release of second ten percent (10%) of funds under agreement.

U.S. Bank Nat. Ass’n v. Knight, — So.3d —-, 2012 WL 1192143 (Fla. 4th DCA 2012).

An owner or holder of a promissory note at the time of filing a foreclosure suit need not have an assignment at the time of suit.

Baptist Hosp., Inc. v. Baker, — So.3d —-, 2012 WL 1150211 (Fla. 1st DCA 2012).

In order to certify a class, the class representative has to establish she will have an actual case or controversy that will last the entire term of the litigation and that she has been damaged.

Burger King Corp. v. Broad Street Licensing Group, LLC, Slip Copy, 2012 WL 1193501 (11^th Cir. 2012).

An implied duty of good faith and fair dealing exists with regard to a discretionary clause that is silent with regard to the methodology or standards used in exercising the discretion.