Real Property and Business Litigation Report
Volume VI, Issue 9
March 2, 2013
State, Dep’t of Fin. Services v. Peter R. Brown Const., Inc., — So.3d —-, 2013 WL (Fla. 1st DCA 2013).
Florida Administrative Code Rule 69I–40.103, which restricts the categories of expenditures for which Florida government can contract, is an improper exercise of legislatively delegated authority. Accordingly, the State of Florida cannot defend against a vendor’s payment claims under the authority of Rule 69I–40.103.
Alachua County v. Expedia, Inc., — So.3d —-, 2013 WL 709561 (Fla. 1st DCA 2013).
Online travel reservation companies merely transfer a hotel request to the hotel, thus the Tourist Development Tax, which applies to the consideration paid “for occupancy” of a hotel room, applies only to amounts paid by the companies to the hotels and not to fees retained by online travel companies through which the rooms were booked.
Homeward Residential, Inc. v. Rico, — So.3d —-, 2013 WL 692093 (Fla. 4th DCA 2013).
Corporation may not object to discovery on basis of third party claims of confidentiality unless it meets the three part jus tertii test of Alterra Healthcare Corp. v. Estate of Shelley, 827 So.2d 936 (Fla.2002) (litigant has suffered “injury in fact” with “sufficiently concrete interest” in the outcome; the litigant has a close relation to the third party; and a hindrance prevents third party from protecting their own interest).
Fountas v. Microcomputer Resources, Inc., — So.3d —-, 2013 WL 692442 (Fla. 4th DCA 2013).
A trial court has the discretion to release funds escrowed pursuant to Fla. Stat. § 607.1436(1), Fla. Stat. (2006) (a corporation or affected shareholder may elect to purchase shares of shareholder in lieu of dissolution) prior to conclusion of case.
Carbon Capital II v. Estate of Tutt, — So.3d —-, 2013 WL 692820 (Fla. 3d DCA 2013).
Equitable title to real estate has passed when almost all payments have been made and purchaser/judgment debtor has taken possession of and made improvements on the real property. Accordingly, garnishee is not responsible to judgment creditors as it no longer holds title to the property sought to be garnished.
Lindsey v. Wells Fargo Bank, N.A., — So.3d —-, 2013 WL 692825 (Fla. 1st DCA 2013).
Lack of standing is a defense that is waived if not raised in the answer as an affirmative defense; it is not waived by failure to raise the defense in a motion to dismiss.
Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, — S.Ct. —-, 2013 WL 691001 (2013).
The “fraud on the market” theory of class certification in securities actions does not require proof of materiality.
Gabelli v. S.E.C., — S.Ct. —-, 2013 WL 691002 (2013).
Claims by the federal government for civil penalties for fraud must, under 28 U.S.C. § 2462, be brought within five years of fraud’s occurrence and not of discovery of fraud.
Marx v. General Revenue Corp., — S.Ct. —-, 2013 WL 673254 (2013).
A federal court may award costs to a prevailing defendant in a Fair Debt Collection Practices Act case without first finding plaintiff brought case without basis and for purposes of harassment.
Flintlock Const. Services, LLC v. Well Come Holdings, LLC, — F.3d —-, 2013 WL 673156 (11th Cir. 2013).
Bare bones claims and defenses in pleadings which are supplemented through memoranda deprive an appellate court the ability to conduct a meaningful review.
Meyer v. Greene, — F.3d —-, 2013 WL 656500 (11th Cir. 2013).
A “corrective action” for a “fraud on the market” claim need not mirror the earlier misrepresentation, but must relate back to the misrepresentation (and not some other negative information).