Real Property and Business Litigation Report
Volume VII, Issue 32
August 9, 2014
Sarras v. Mills-Sarras, — So.3d —-, 2014 WL 3871235 (Fla. 5th DCA 2014).
A common-law claim for worthless check is subject to the five year statute of limitations; claims for treble damages under Fla. Stat. § 68.065 are subject to the Fla. Stat. 95.11 (3)(f) four year statute of limitations.
Spellman v. Independent Bankers’ Bank of Florida, — So.3d —-, 2014 WL 3871264 (Fla. 5th DCA 2014).
A creditor’s taking shares of a company, either directly or through a subsidiary, is not an “other disposition” under Fla. Stat. § 697.609 (1), and a creditor who does so is entitled to a full judgment (not just a deficiency) for the full amount of the indebtedness.
St. Croix Lane Trust v. St. Croix at Pelican Marsh Condominium Ass’n, Inc., — So.3d —-, 2014 WL 3882458 (Fla. 2d DCA 2014).
The restrictive language of Fla. Stat. § 718.116 does not overrule the accord and satisfaction provisions of Flat. Stat. § 673.3111, and accordingly, an association’s negotiation of a check with “paid in full” on the check creates an accord and satisfaction.
Laser Spine Institute, LLC v. Greer, — So.3d —-, 2014 WL 3865840 (Fla. 1st DCA 2014).
An order directing the disclosure of trade secrets must set forth findings of fact detailing why disclosure is necessary to resolve the dispute.
Bari Builders, Inc. v. Hovstone Properties Florida, LLC, — So.3d —-, 2014 WL 3843070 (Fla. 4th DCA 2014).
Jury waiver language in a contract does not render the contract’s arbitration provision unenforceable as the two terms can be reconciled.
Conservation Alliance of St. Lucie County Inc. v. Florida Dept. of Environmental Protection, — So.3d —-, 2014 WL 3843079 (Fla. 4th DCA 2014).
An environmental enforcement proceeding is not an “application for a permit, license, or authorization,” and thus an environmental protection corporation does not have standing under Fla. Stat. § 403.412(6) to intervene in the action.
Boyd v. Wells Fargo Bank, N.A., — So.3d —-, 2014 WL 3843098 (Fla. 4th DCA 2014).
Mortgagor must establish it had standing at time of filing foreclosure suit.
Arcila v. BAC Home Loans Servicing, L.P., — So.3d —-, 2014 WL 3843986 (Fla. 2d DCA 2014).
A trial court must conduct an evidentiary hearing before vacating a judgment pursuant to Florida Rule of Civil Procedure 1.540.
Fallstaff Group, Inc. v. MPA Brickell Key, LLC, — So.3d —-, 2014 WL 3844021 (Fla. 3d DCA 2014).
A broad indemnification provision covers claims and attorneys’ fees arising after the contract is entered into, but does not cover fees incurred in establishing indemnification.
Yampol v. Turnberry Isle South Condominium Ass’n, Inc., — So.3d —-, 2014 WL 3844028 (Fla. 3d DCA 2014).
It is a violation of due process for a trial court to enter injunctive relief beyond the evidence presented or that prayed for in the pleadings.
Bellizzi v. Islamorada, Village of Islands, — So.3d —-, 2014 WL 3844032 (Fla. 3d DCA 2014).
The “common law rule” regarding roadways (platted streets containing a reversionary interest pass the underlying land, upon the streets being abandoned surrendered, to the abutting owners up to the centerline of the roadway) does not apply when the roadways are transferred to public entities.
Cermesoni v. Maneiro, — So.3d —-, 2014 WL 3844041 (Fla. 3d DCA 2014).
Injunctions issuing from foreign courts will be given full faith and credit, even if not a final judgment, and are not subject to the bond requirements of Florida Rule of Civil Procedure 1.610.
Local 703, I.B. of T. Grocery & Food Employees Welfare Fund v. Regions Financial Corp., — F.3d —-, 2014 WL 3844070 (11th Cir. 2014).
The Eleventh Circuit adopts Halliburton II and permits evidence at class certification stage that the misrepresentation did not affect the stock price.
Davis v. Producers Agr. Ins. Co., — F.3d —-, 2014 WL 3844815 (11th Cir. 2014).
A timeliness challenge to an arbitration award under the Federal Arbitration Act must be made during arbitration proceedings and not in court at the time of seeking vacatur.