Real Property and Business Litigation Report
Volume VIII, Issue 12
March 21, 2015
Estate of Williams v. Jursinski, — So.3d —-, 2015 WL 1259497 (Fla. 2d DCA 2015).
Notwithstanding the dictates of Florida State section 682.03 (6) (“If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.”) and even if all the defendants in the lawsuit are related, a claimant may avoid arbitration by dropping parties from the lawsuit not subject to the arbitration clause.
AG Beaumont 1, LLC v. Wells Fargo Bank, N.A., — So.3d —-, 2015 WL 1259649 (Fla. 2d DCA 2015).
Privileged documents exchanged between counsel for joint defendants pursuant to a joint defense agreement are protected by the attorney-client privilege.
Boyette v. BAC Home Loans Servicing, LP, — So.3d —-, 2015 WL 1211771 (Fla. 2d DCA 2015).
In order to be affirmed on appeal, a final judgment of foreclosure requires competent, substantial evidence of both the main damages (the amounts outstanding on the note and mortgage) and the collateral damages and costs (prejudgment interest, costs of property inspections, attorneys’ fees calculations, etc.).
Fernandez v. Office of Financial Regulation, — So.3d —-, 2015 WL 1222679 (Fla. 4th DCA 2015).
Appellate jurisdiction may not be conferred by stipulation of trial counsel, even if all trial counsel agree they did not timely receive the order on appeal.
Bianchi & Cecchi Services, Inc. v. Navalimpianti USA, Inc., — So.3d —-, 2015 WL 1223663 (Fla. 3d DCA 2015).
A trial court must balance the privacy interests of third parties against the need of litigants for information from the third parties; the trial court has discretion in how to conduct its inquiry and is not necessarily required to hold an evidentiary hearing or conduct an in camera review of the documents in order to do so.
Bank of America, N.A. v. Pate, — So.3d —-, 2015 WL 1135923 (Fla. 1st DCA 2015).
Concurring opinion details facts constituting unclean hands defense to foreclosure.
In re Intern. Management Associates, LLC, — F.3d —-, 2015 WL 1245503 (11th Cir. 2015).
Except for privilege issues, a trial court is not bound by the rules of evidence in making the preliminary determination of whether evidence is admissible. A person testifying as to business records must demonstrate the trustworthiness of the records, but need not have personal knowledge of how the records were created or kept in order to testify.