CSX Transportation, Inc. v. General Mills, Inc., Case No. 15-14399 (11th Cir. 2017).
The Eleventh Circuit holds that “federal common law adopts the state rule of collateral estoppel to determine thepreclusive effect of a judgment of a federal court that exercised diversityjurisdiction.”Kendall Imports, LLC v. Diaz, CaseNo. 3D15-1985 (Fla. 3d DCA 2017).
The inability to read a contract in English, including contracts containing arbitration provision, is not without more a basis for finding the arbitration provisions unenforceable.Johnson v. State Of Florida, Department Of Business and Professional Regulation, Construction Industry Licensing Board, Case No. 4D15-3965 (Fla. 4th DCA 2017).
Employees of municipalities need not apply for registration as a qualifying agent for their employer municipality under Florida Statute section 489.103(3).Rivas v.The Bank of New York Mellon,Case Nos. 4D16-482 and 4D16-777 (Fla. 4thDCA 2017).
The Fourth District adopts the Third District’s interpretation of Florida Rule of Civil Procedure 1.540(b)(4) in De La Osa v. Wells Fargo Bank, N.A.(De La Osa II), No. 3D14-1455 (Fla. 3d DCA Dec. 14, 2016) (en banc).Glen Garron, LLC v. Buchwald, Case No. 5D15-2279 (Fla. 5th DCA 2017).
When seeking only foreclosure, Florida Rule of Civil Procedure 1.130 (a) does not require a copy of the promissory note upon which the foreclosure action is based to be attached to the complaint so long as the relevant portions of the note are set forth. Moreover, Rule 1.130(a) is not jurisdictional and failure to comply may be corrected by amendment.
