Real Property and Business Litigation Report
Volume VIII, Issue 1
January 10, 2015
Federated Nat. Ins. Co. v. Restoration 1 of South Florida, LLC, — So.3d —-, 2015 WL 71653 (Fla. 4th DCA 2015).
An action for declaratory judgment must be within the monetary jurisdiction of the court in which it is filed, i.e., over $15,000 in controversy if filed in circuit court.
Kelly v. BankUnited, FSB, — So.3d —-, 2015 WL 71694 (Fla. 4th DCA 2015).
Mortgagor is entitled to an award of attorneys’ fees as the prevailing party in a foreclosure action if suit is voluntarily dismissed as part of a voluntary short sale.
AMS Staff Leasing, Inc. v. Taylor, — So.3d —-, 2015 WL 71705 (Fla. 4th DCA 2015).
Threatened loss of continued employment and improper influence by a third party do not constitute “duress” such to invalidate an employment agreement.
Nucci v. Target Corp., — So.3d —-, 2015 WL 71726 (Fla. 4th DCA 2015).
The function of social networking sites is to share personal information, thus information posted on social networking sites are neither privileged nor protected by any right of privacy.
Southern Comfort Grill, Inc. v. Hanks Const., LLC, — So.3d —-, 2015 WL 71753 (Fla. 4th DCA 2015).
In order to permit intervention, a trial court must first determine whether a party’s interest is indispensable and then examine whether the party’s interest is of a direct and immediate character.
Bank of New York v. Calloway, — So.3d —-, 2015 WL 71816 (Fla. 4th DCA 2015).
A witness may testify to the business records acquired from another business so long as the acquired records are now business records of the acquiring business and the trial court is satisfied of the trustworthiness of the acquired records through addditional evidence, clarifying the holding of WAMCO XXVIII, Ltd. v. Integrated Electronic Environments, Inc., 903 So.2d 230 (Fla. 2d DCA 2005).
Richardson v. Everbank, — So.3d —-, 2015 WL 71850 (Fla. 4th DCA 2015).
Lender does not violate § 15 U.S.C. § 1691(a)(1) (2012) of the Equal Credit Opportunity Act of 1974 (lenders may not discriminate on the basis of gender or marital status of a credit applicant) by requiring spouse to sign loan instruments when a substantial amount of the assets pledged as security are owned by both spouses.
Infrax Systems, Inc. v. Wood, — So.3d —-, 2015 WL 72260 (Fla. 2d DCA 2015).
A party may not claim damages under Florida Statute § 68.065 (treble damages for dishonored checks) when it merely inquires at the account holder’s bank whether the account has sufficient funds but never presents the check.
Paramo v. Floyd, — So.3d —-, 2015 WL 72444 (Fla. 2d DCA 2015).
A default only admits liquidated damages, and damages are not liquidated if taking of evidence is necessary in order to establish the actual amount of damages.
Allied Shelving & Equipment, Inc. v. National Deli, LLC, — So.3d —-, 2015 WL 72487 (Fla. 3d DCA 2015).
“Hybrid” contracts sales contracts have a sale of goods component (covered by the Uniform Commercial Code) and a provision of services component (not covered by the Uniform Commercial Code).
Collins v. Experian Information Solutions, Inc., — F.3d —-, 2015 WL 55345 (11th Cir. 2015).
A consumer’s credit report need not be published to a third party for actual damages to accrue under 15 U.S.C. § 1681i(a).