Real Property and Business Litigation Report
Volume VII, Issue 33
August 16, 2014
Gann v. BAC Home Loans Servicing LP, — So.3d —-, 2014 WL 3971546 (Fla. 2d DCA 2014).
The Florida Consumer Collection Practices Act applies to collection of both secured and unsecured claims and applies to anyone collecting a debt (not just a “debt collector”).
Pomeranz & Landsman Corp. v. Miami Marlins Baseball Club, L.P., — So.3d —-, 2014 WL 3928401 (Fla. 4th DCA 2014).
A trial court has continuing jurisdiction over a Fla. Stat. § 57.105 motion filed before a voluntary dismissal, but cannot entertain a § 57.105 motion filed after dismissal.
Heims v. G.M.S. Marine Service Corp., — So.3d —-, 2014 WL 3928404 (Fla. 4th DCA 2014).
A trial court cannot permit a review of attorneys’ files “while preserving the retaining lien” as doing so makes the retaining lien worthless.
Hammond v. Kingsley Asset Management, LLC, — So.3d —-, 2014 WL 3929145 (Fla. 2d DCA 2014).
A creditor may seek both legal and equitable remedies (damages and foreclosure) in a foreclosure action prior to judgment, but can recover only once on the debt. If it chooses foreclosure, the creditor must obtain a deficiency judgment prior to recovery on the note.
Allscripts Healthcare Solutions, Inc. v. Pain Clinic of Northwest Florida, Inc., — So.3d —-, 2014 WL 3930150 (Fla. 3d DCA 2014).
The parent of a subsidiary cannot enforce a contractual arbitration provision agreed to by its subsidiary and the plaintiff when suit by the plaintiff is not over the contract and does not seek to enforce contractual provisions.
Barnes v. District Bd. of Trustees of St. Johns River State College, — So.3d —-, 2014 WL 3906856 (Fla. 1st DCA 2014).
Fla. Stat. § 373.443 immunizes state entities and instrumentalities from damages arising from the failure of a water control system.
In re Global Energies, LLC, — F.3d —-, 2014 WL 3974577 (11th Cir. 2014).
The test for relief under Federal Rule of Civil Procedure 60(b) is whether new evidence is submitted, not whether new issues have been raised in the motion.
DeTemple v. Leica Geosystems, Inc., — Fed.Appx. —-, 2014 WL 3892415 (11th Cir. 2014).
The tolling provision of the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. app. §§ 501–597b, requires that the tolled time period of active service be added to the end of the one year period and not to the date of return from active service.