Turbeville v. Financial Industry Regulatory Authority, Case No. 16-11083 (11th Cir. 2017).
No private right of action exists under the Exchange Act of 1934 for F.I.N.R.A. members and associated persons to sue F.I.N.R.A. for violating its own internal rules.Ricketts v. Village of Miami Shores, Case No. 3D16-2212 (Fla. 3d DCA 2017).
An “as-applied” constitutional challenge to a zoning ordinance must demonstrate that there are no set of circumstances under which the ordinance would be constitutional.Lucky Star Horses, Inc. v. Diamond State Insurance Company, Case No. 3D17-725 (Fla. 3d DCA 2017).
Arbitration is not waived, despite the passage of time and the filing of numerous pleadings, until the party to the arbitration clause is brought into the case.BK Marine Construction, Inc. v. Skyline Steel, LLC, And Great American Insurance Company, Case No. 4D16-1241 (Fla. 4th DCA 2017).
A party seeking judgment for invoiced construction materials delivered to and incorporated into a jobsite must correspond the invoices to the allegations of the complaint, and if there are multiple portions of a jobsite, must demonstrate as to which portion of the jobsite the materials were incorporated into.The Waterview Towers Condominium Association, Inc. v. City of West Palm Beach, Case No. 4D16-2858 (Fla. 4th DCA 2017).
A party, including a lessee, who joins in or consents to a declaration of condominium subjects their property to the declaration and all of its provisions. Additionally, restrictive covenants may be enforced by grantees among or betweenthemselves where the grantees obtained their property from a commongrantor and the restrictive covenants were part of “a general plan of development or improvement” ora “general building scheme.”In Re: Amendments to The Rules Regulating The FloridaBar (Biennial Petition), Case No. SC16-1961 (Fla. 2017).
The Florida Supreme Court amends the rules regulating The Florida Bar, including providing for inactive status for board certified attorneys, creating board certification status for International Litigation and Arbitration attorneys, and expanding existing eligibility requirements to allow more lawyers to serve asemeritus lawyers, providing pro bono legal services to through an approved legal aid organization.Arlington Pebble Creek, LLC v. Campus Edge Condominium Association, Inc., Case No. 1D16-1347 (Fla. 1st DCA 2017).
An association seeking fraudulent inducement and negligent misrepresentation claims against a developer resulting from a condominium turnover must still prove intent, reliance and damages to prevail on its claims.Surf Works, L.L.C. v. City of Jacksonville Beach,Case No. 1D16-3312 (Fla. 1st DCA 2017).
A miscarriage of justice authorizing reversal on second-tier certiorari occurs when a party complies with the zoning law seeking the highest and best use of their property, and the governing authorityrefuses to apply the correct law.Deutsche Bank National Trust Company v. de Brito,Case No. 3D16-1466 (Fla. 3d DCA 2017).
A witness need only be generally familiar with another company’s records or the boarding process by which the records were incorporated into a party’s records to satisfy the Business Records Exception to the Hearsay Rule.In Re: Standard Jury Instructions In Civil Cases—Report 17-01, Case No. SC17-451 (Fla. 2017).
Standard Civil Instruction 201.2 is amended to include language regarding communication with court personnel outside the courtroom, and Standard Civil Instruction
202.4 is amended to clarify that jurors must ask questions of awitness before the witness leaves the witness stand.Philip Morris USA, Inc. v. Duignan, Case No. 2D15-5055 (Fla. 2d DCA 2017).
A jury instruction requiring “detrimental reliance on a statement” may not be proper in a fraudulent concealment or fraudulent omission case.Tramontana v. Bank of New York Mellon, Case No. 2D16-2990 (Fla. 2d DCA 2017).
An appellate court will not reverse on an issue involving trial testimony absent a trial transcript or fundamental error.Echeverry v. Deutsche Bank National Trust Company, Case No. 4D16-3611 (Fla. 4th DCA 2017).
A certificate of sale issued under Florida Statute sec. 45.0315 divests a borrower of her equity of redemption, and thus a bankruptcy filed after this certificate of sale does not bar the issuance of a certificate of title.Nationstar Mortgage, LLC v. Martins, Case No. 4D16-3735 (Fla. 4th DCA 2017).
A lender’s unilateral decision to leave a note and mortgage with the Clerk of the Court in the file of a previously filed foreclosure does not establish standing.Williams v. Skylink Jets, Inc., Case No. 4D16-4170 (Fla. 4th DCA 2017).
“Technical admissions” to Requests for Admissions will turn unliquidated sums into liquated sums for purposes of a final judgment.Green Emerald Homes LLC v. Green Tree Servicing LLC, Case No. 4D17-983 (Fla. 4th DCA 2017).
A party seeking to effect substitute service on a limited liability company must comply with Florida Statute section 48.062(3) if the party has already exerted diligent but unsuccessful efforts to serve under subsections (1) and (2), and must also comply with section 48.161(1) by sending notice to the defendant, via certified or registeredmail, that substitute service has been effected through the Secretary ofState, (ii) filing the return receipt from the defendant, and (iii) filing an affidavitof compliance.In Re: Standard Jury Instructions in Civil Cases—ReportNo. 17-04, Case No. SC17-1136 (Fla. 2017).
The Florida Supreme Court adopts civil jury instructions on various issues including the burden of proof.Asset Recovery Group, LLC v. Cabrera, Case No. 3D17-1517 (Fla. 3d DCA 2017).
A party, in both state and federal courts, must seek leave of the court that appointed a receiver before it can sue the receiver. The “carrying on business” exception of 28 U.S.C. § 959(a) does not apply against receivers appointed by state courts.Capotosto v. Fifth Third Bank, Case No. 4D16-4197 (Fla. 4th DCA 2017).
A party moving for summary judgment has the burden to conclusively show the complete absence of genuine and material issue of material fact. However and once movant has done so, the burden shifts to the non-movant to raise an issue of genuine fact and a non-movant cannot avoid summary judgment merely by asserting a fact without any evidence to support it.
