Real Property and Business Litigation Report
Volume VII, Issue 37
September 13, 2014
Love’s Window & Door Installation, Inc. v. Acousti Engineering Company, — So.3d —-, 2014 WL 4471631 (Fla. 5th DCA 2014).
Courts have discretion to not enforce mandatory forum selection clauses for reasons such as multiple lawsuits, minimizing judicial labor, reducing the expenses to the parties, and avoiding inconsistent results.
Agresta v. City of Maitland, — So.3d —-, 2014 WL 4471990 (Fla. 5th DCA 2014).
Forfeiture of a home under the Florida Contraband Act is not permissible when the home value is ten times more than the imposed fine.
Coastal Capital Venture, LLC v. Integrity Staffing Solutions, Inc., — So.3d —-, 2014 WL 4476533 (Fla. 2d DCA 2014).
Substituted service may not be used when the plaintiff is in communication with defendant and knows defendant is out of state, but makes no effort to serve out of state.
Wells Capital Investments, LLC v. Exit 1 Stop Realty, — So.3d —-, 2014 WL 4476478 (Fla. 1st DCA 2014).
A brokerage commission agreement without a time frame is not a “brokerage in perpetuity,” and a broker is not entitled to a commission as the procuring cause of a sale when the broker abandons the commission agreement (e.g., stops marketing and attempting to sell the property and stops communicating with the seller) three years before the eventual sale.
Smith v. Bruster, — So.3d —-, 2014 WL 4457312 (Fla. 1st DCA 2014).
An action for return of real property procured by fraud is governed by the four year statute of limitations of Fla. Stat. § 95.11(3)(j), but the statute of limitations does not begin to run until the victim knew or should have known of the fraud.
Arce v. Wackenhut Corp., — So.3d —-, 2014 WL 4435949 (Fla. 3d DCA 2014).
Whether a proposal for settlement was made in good faith is a basis for determining whether to award fees, but not to reduce the amount of fees awarded.
BAC Home Loans Servicing L.P. v. Parrish, — So.3d —-, 2014 WL 4435970 (Fla. 1st DCA 2014).
A case cannot be set for trial on less than thirty days’ notice.
Brown v. Brown, — So.3d —-, 2014 WL 4435974 (Fla. 1st DCA 2014).
The distribution of a “pay on death” (POD) bank account under Florida Statute § 655.79 differs from a joint account under Florida Statute § 655.79 in that beneficiaries who are not account holders may be designated under a POD account.
Chapman v. Procter & Gamble Distributing, LLC, — F.3d —-, 2014 WL 4454979 (11th Cir. 2014).
Daubert analysis is not required for medical conditions and causation generally accepted by the medical community, but is otherwise required to determine whether “the expert is qualified to testify regarding the subject of the testimony; the expert’s methodology is ‘sufficiently reliable as determined by the sort of inquiry mandated in Daubert’; and the expert’s testimony will assist the trier of fact in understanding the evidence or determining a fact at issue.”