Matalv. Tam, Case No. 15–1293 (2017).
The disparagement clause, 15 U. S. C. §1052(a) of the Lanham Act, is facially unconstitutional.Bristol-Myers Squibb Co. v. Superior Court of California, Case No. 16–466 (2017).
Claims of specific long-arm jurisdiction cannot be improved by use of instances of general long-arm jurisdiction.Murr v. Wisconsin, Case No. 15–214 (20170.
Whether there has been a regulatory taking is a fact-intensive analysis specific to the facts of each case that balances the rights of the individual against the rights of the state to regulate real property.Paeth v. U.S. Bank National Association,Case No. 2D16-2953 (Fla. 2d DCA 2017).
Remand for further proceedings to prove damages is proper when plaintiff has offered some proof, albeit incomplete, of damages.Salcedo v. Wells Fargo Bank, N.A., Case No. 3D16-430 (Fla. 3d DCA 2017).
Bank is liable to judgment creditor for loss of contents of safety deposit box that occurred after bank was served with writ of garnishment for safety deposit boxBauer v. Ready Windows Sales & Service Corporation, No. 3D16-1171 (Fla. 3d DCA 2017).
There may be no prevailing party in a construction/contract case.JPAY, Inc. v. 10800 Biscayne Holdings, LLC, Case No. 3D16-1308 (Fla. 3d DCA 2017).
Retaking leased premises and attempting to re-let, even if for benefit of tenant, may indicate an intent to accelerate all remaining payments due on the lease.Nationstar Mortgage LLC v. Glass, Case No. 4D15-4561 (Fla. 4th DCA 2017).
On Motion for Rehearing En Banc the Fourth District follows Bank of New York Mellon Trust Company, N.A. v. Fitzgerald, 215 So. 3d 116 (Fla. 3d DCA 2017), and holds that a party that successfully defends on lack of standing is not entitled to an award of contractual prevailing party attorney’s fees since there is no contract between the parties.Corporate Creations Enterprises LLC v. Brian R. Fons Attorney at Law P.C., Case No. 4D16-927 (Fla. 4th DCA 2017).
Florida Statute sections 685.101 and 685.102 allow parties to conferlong-arm jurisdiction on the courts of Florida by contract if the contract:
(1) Includes a choice of law provision designating Florida law as thegoverning law, in whole or in part;
(2) Includes a provision whereby the non-resident agrees to submitto the jurisdiction of the courts of Florida;
(3) Involves consideration of not less than $250,000 or relate to anobligation arising out of a transaction involving in theaggregate not less than $250,000;
(4) Does not violate the United States Constitution; and
(5) Either bears a substantial or reasonable relation to Florida orhas at least one of the parties be a resident of Florida orincorporated under the laws of Florida.Wells Fargo Equipment Finance, Inc. v. Bacjet, LLC, Case No. 4D16-259 (Fla. 4th DCA 2017).
An out-of-state loan secured by Florida real estate is sufficient for specific jurisdiction under Florida Statute section 48.193(1)(a).Rodriguez v. Federal National Mortgage Association,Case No. 5D17-196 (Fla. 5th DCA 2017).
A third-party purchaser at foreclosure sale cannot claim surplus foreclosure sale proceeds as a third-party purchaser is not listed in Florida Statute section 45.032 as a party entitled to claim.
