Burch v. P.J. Cheese, Inc., Case No. 13-15042 (11th Cir. 2017).
A party waives their right to a jury trial on the issue of whether the party entered into an arbitration agreement by not timely demanding a jury trial.Furr v. National Union Fire Insurance Company of Pittsburgh, PA,Case No. 15-14716 (11th Cir. 2017).
The use of the phrase “any insured” in an insurance policy creates joint obligations or exclusions between different insuredsunder the policy.Venice HMA, LLC v. Sarasota County,Case No. SC15-2289 (Fla. 2017).
Whether a special law is constitutional does not depend on whether the law benefits private as opposed to public interests.Winchel v. PennyMac Corp., Case No. 2D15-5601 (Fla. 2d DCA 2017).
Standing is an affirmative defense which must be proven by plaintiff at trial, and Rule 1.530 provides that a defendant may raise the issue of standing on appeal even if not raised at trial.Wadley v. Nazelli, Case No. 3D16-100 (Fla. 3d DCA 2017).
Failure to request the trial court grant leave to file an amended complaint after dismissal results in waiver of the request on appeal.Yellow Cab Company v. Ewing, Case No. 3D16-969 (Fla. 3d DCA 2017).
Rendition for appellate purposes runs from time of entry of a final judgment and not from a later amended final judgment which merely corrects a clerical error.DDRA, LLC v. JARM, LLC, Case No. 3D16-2631 (Fla. 3d DCA 2017).
The question of arbitrability of a contract is for a court to determine unless the parties have agreed otherwise.U.S. Bank National Association v. Kachik, Case No. 4D16-1776 (Fla. 4th DCA 2017).\
An allonge is part of a negotiable instrument, and as a result, the Best Evidence Rule requires the original allonge be introduced into evidence to enforce the note.Newman v. Ernst & Young, LLP, Case No. 4D16-2162 (Fla. 4th DCA 2017).
A receiver is bound by a delegation clause requiring that arbitrability claims be decided by the arbitration panel.Bank Of New York Mellon Trust Company, National Association v. Ginsberg, Case No. 4D16-316 (Fla. 4th DCA 2017).
“[T]he fact that the trust identified in thecomplaint is somewhat different from the trust identified in the specialendorsement [attached to the foreclosure complaint] does not create a defect in standing.”Reunion West Development Partners, LLLP v. Guimaraes, Case No. 5D16-3665 (Fla. 5th DCA 2017).
“While arbitrability is generally an issue for trial courts to decide, courts mustdelegate the authority to the arbitrator if the parties’ contract so provides.”
