Kolawole v. Sellers, Case Nos. 15-13720 & 15-15801 (11th Cir. 2017).
Typically in federal court, the period to file an appeal of a final judgment begins on the later of either two events: (1) whenhe district court enters the order constituting the final judgment, or (2) when the court disposes of the last motion seeking relief fromthe final judgment. However, a district court may still certify anon-final judgment (one that fails to adjudicateall of the parties’ claims) as final if “there is no justreason for delay.” Fed. R. Civ. P. 54(b). Cases that are consolidated, either by order or as a practical matter, will be considered one case for appellate purposes.The Leila Corporation of St. Pete v. Ossi, Case No. 2D15-3279 (Fla. 2d DCA 2017).
An appeal must be filed from the date of the original (not the amended) final judgment if the amended final judgment does not substantively change the final judgment; attorney’s fees and costs added into an amended final judgment are collateral to and do not substantively change the final judgment.Carlisle v. U.S. Bank, Case No. 3D17-58 (Fla. 3d DCA 2017).
A non-party may use the Pearlman(v. Pearlman, 405 So. 2d 764 (Fla. 3d DCA 1981)), Exception to raise a Florida Rule of Civil Procedure 1.540 (b) claim only if their interests predated the litigation. Accordingly, a purchaser pendent lite who takes after a lispendens is filed cannot use the Pearlman Exception to raise a 1.540 (b) claim.Bautista REO U.S., LLC v. ARR Investments, Inc., Case No. 4D16-3658 (Fla. 4th DCA 2017).
Even if failure to do so results in loss of real property, a trial court may not issue an injunction to require a lender to deliver an estoppel letter in a certain amount as borrower has an adequate remedy at law and there is no irreparable harm for any breach.Don Facciobene, Inc. v. Hough Roofing, Inc., Case Nos. 5D15-1527 (Fla. 5th DCA 2017).
A written construction contract containing a merger and integration clause replaces an existing oral agreement, even if the construction is substantially completed.
