United States of America v. $70,670.00 In U.S. Currency, Case No. 18-10312 (11th Cir. 2019).
The federal government may dismiss a pending forfeiture action when a state court action first determines ownership of the disputed funds.Pier 1 Cruise Experts v. Revelex Corporation,Case Nos. 17-13956; 17-15623 (11th Cir. 2019).
The Eleventh Circuit certifies to the Florida Supreme Court a question regarding the enforceability of self-indemnification clauses, specifically,
Is a contractual “exculpatory clause” that purports to insulate one ofthe signatories from “any … damages regardless of kind or type …whether in contract, tort (including negligence), or otherwise”enforceable? Or, alternatively, does the clause confer such sweepingimmunity that it renders the entire contract in which it appearsillusory? Or, finally, might the clause plausibly be construed so as tobar some but not all claims and thus save the contract frominvalidation?Simon v. Deer Meadows Homeowners’ Association, Inc.,Case No. 1D18-2407 (Fla. 1st DC 2019).
A homeowner whose property is flooded by surface water flows cannot sue, including claims for inverse condemnation, if the taking occurred before the homeowner purchased the property.Pipeline Contractors, Inc. v. Keystone Airpark Authority,Case No. 1D18-3601 (Fla. 1st DCA 2019).
Estoppel can apply to a government entity to defeat a claim that apurported local special district was not validly created and thus there is no contractual liability.Hayslip v. U.S. Home Corporation,Case No. 2D17-4372 (Fla. 2d DCA 2019).
An arbitration provision in a deed runs with the land and will force a subsequent owner to arbitrate construction defect claims.Grand Palace View, LLC v. 5 AIF Maple 2, LLC, Case No. 3D18-2604 (Fla. 3d DCA 2019).
A foreclosing lender typically has no right to possess the real property prior to foreclosure.Flinn v. Doty, Case No. 4D18-1273 (Fla. 4th DCA 2019).
A party that has elected foreclosure of a claim through sale cannot then prosecute a money judgment for amounts still owing after foreclosure but must instead seek a deficiency judgment.Corporate Creations International, Inc. v. Marriott International, Inc., Case No. 4D18-2614 (Fla. 4th DCA 2019).
The following provisions allow either party to cancel a contract during its initial term:
Sentence 1: The term of this Agreement shall be for a periodof seven (7) years from the effective date and thereafter shallbe subject to automatic annual renewal unless either partyelects to terminate the Agreement, by notice in writing.
Sentence 2: During this term, and any renewal thereof, eitherparty may terminate this Agreement with or without causeand without liability, by providing written notice oftermination to the other party at least ninety (90) calendardays prior to the renewal date.
