Muransky v. Godiva Chocolatier, Inc., Case Nos. 16-16486 & 16-16783 (11th Cir. 2020) (en banc).
Parties cannot stipulate that a federal court has jurisdiction and the requirement of Spokeo, Inc. v. Robins, 136 S. Ct.1540 (2016), that a plaintiff must plead (and later support) aninjury that is concrete, particularized, and actual or imminent (not just conjectural or hypothetical) applies to statutory claims that set forth damages for a statutory violation, including claims under the Fair and Accurate Credit Transactions Act, Pub. L. No. 108-159, 117 Stat. 1952 (2003).In Re: Amendments to the Florida Rules of Appellate Procedure—2020 Fast-Track Report, Case No. SC20-1374 (Fla. 2020).
The Florida Rules of Appellate Procedure are amended to incorporate the change of county court appeals proceeding directly to district courts of appeal.Abu-Khadier v. City of Fort Myers, Case No. 2D18-3068 (Fla. 2d DCA 2020).
Government can order the closing of a business, i.e., conduct a temporary taking, but is liable for the taking unless the government can identify background principles of nuisance and property law – such as extensive drug and criminal activity at the business – that support the order of closure and taking.Kuhnsman v. Wells Fargo Bank, N.A., Case No. 2D19-681 (Fla. 2d DCA 2020).
The “face to face” meeting required under HUD, 24 C.F.R.§ 203.604(b) (2016), is subject to a substantial performance standard.Forty One Yellow, LLC v. Escalona, Case No. 2D18-3730 (Fla. 2d DCA 2020).
Failure to re-establish a lost promissory note is not a bar under res judicata or collateral estoppel to a later foreclosure suit as the focus is whether the foreclosure action, not the promissory note, is barred by the doctrines.Sunseeker Investments, Inc. v. Enterprise Maintenance and Contracting, Inc., Case No. 1D19-3779 (Fla. 1st DC 2020).
Five factors mustbe met for collateral estoppel to bar the re-litigation of an issue:(1) the identical issue must have been presented in theprior proceeding; (2) the issue must have been a criticaland necessary part of the prior determination; (3) there must have been a full and fair opportunity to litigate thatissue; (4) the parties in the two proceedings must beidentical; and (5) the issue must have been actuallylitigated, thus the issue of interest rate not determined in bankruptcy court does not bind a state trial court judge.SHEDDF2-FL3, LLC v. Penthouse South, LLC, Case No. 3D19-1100 (Fla. 3d DCA 2020).
Avoidance of a contract for unconscionability requires both procedural and substantive unconscionability and a settlement agreement cannot be avoided if it is devoid of procedural unconscionability.Regions Bank v. Squitieri, Case No. 3D20-578 (Fla. 3d DCA 2020).
The COVID-19 pandemic is not a valid basis for a trial court failing to conduct,as required by Florida Statutes Section 77.041(3), a prompt evidentiary hearing on claim of exemptions from garnishment.Devino v. 2436 East Las Olas, LLC, Case No. 4D19-1931 (Fla. 4th DCA 2020).
Easements in gross are not favored by the courts and an easement is not presumed to be personal when it may fairly be construed as appurtenantto some other estate.JB Investment Realty, LLC v. Deutsche Bank National Trust Company Americas, Case No. 4D19-3380 (Fla. 4th DCA 2020).
Reversal for correction of final judgment of foreclosure, as opposed to dismissal of action for failure to prove damages, is proper when damages are proven but in an incorrect amount.Maki v. Multibank 2009-1 RES-ADC Venure, LLC, Case No. 2D19-2060 (Fla. 2d DCA 2020).
The amendment of Florida’s exemption from garnishment statute, Florida Statute section 222.11, to increase the amount to be exempted is remedial in nature and retroactive.Universal Property & Casualty Insurance Company v. Deshpande, Case No. 3D19-1566 (Fla. 3d DCA 2020).
An award of attorney’s fees of $441,805.14 with four attorneys billing 469 hours on a garden-variety case while obtaining an award of only $25,000 is excessive.Dyck-O’Neal, Inc. v. Herman, Case No. 4D19-3311 (Fla. 4th DCA 2020).
A 1099-A need not be authenticated if a borrower testifies receiving it, but the information contained in the 1099-A itself is hearsay.JJD Realty, LLC Artesa Homeowners’ Association, Inc., Case No. 4D19-3618 (Fla. 4th DCA 2020).
A nunc pro tunc order can correct the record of action previously takenbut cannot be used to enter an order that was “wholly” omitted or to changean existing order.Can Financial, LLC v. Niklewicz, Case No. 4D19-3668 (Fla. 4th DCA 2020).
Mistakenly bidding on a foreclosure sale, including failing to conduct a title search that would have disclosed a first mortgage superior to the mortgage being foreclosed and property being sold, is not grounds for vacating the sale.Rajabi v. Villas at Lakeside Condominium Association, Inc.,Case No. 5D18-852 (Fla. 5th DCA 2020).
Sending a unit owner’s disputed monthly payments to the association attorney (who deposited the amounts into his trust account) but not crediting for payments made is a violation of the declaration of condominium.Maki v. Multibank 2009-1 RES-ADC Venure, LLC, Case No. 2D19-2060 (Fla. 2d DCA 2020).
The amendment of Florida’s exemption from garnishment statute, Florida Statute section 222.11, to increase the amount to be exempted is remedial in nature and retroactive.Universal Property & Casualty Insurance Company v. Deshpande, Case No. 3D19-1566 (Fla. 3d DCA 2020).
An award of attorney’s fees of $441,805.14 with four attorneys billing 469 hours on a garden-variety case for obtaining an award of $25,000 is excessive.Dyck-O’Neal, Inc. v. Herman, Case No. 4D19-3311 (Fla. 4th DCA 2020).
A 1099-A need not be authenticated if a borrower testifies receiving it, but the information contained in the 1099-A is hearsay.JJD Realty, LLC Artesa Homeowners’ Association, Inc., Case No. 4D19-3618 (Fla. 4th DCA 2020).
A nunc pro tunc order can correct the record of action previously taken, but cannot be used to enter an order that was “wholly” omitted or to changean existing order.Can Financial, LLC v. Niklewicz, Case No. 4D19-3668 (Fla. 4th DCA 2020).
Mistakenly bidding on a foreclosure sale, including failing to conduct a title search that would have disclosed a first mortgage superior to the mortgage being foreclosed and property being sold, is not grounds for vacating a foreclosure sale.Rajabi v. Villas at Lakeside Condominium Association, Inc.,Case No. 5D18-852 (Fla. 5th DCA 2020).
Sending a unit owner’s disputed monthly payments to the association attorney (who deposited the amounts into his trust account) but not crediting for payments made is a violation of the declaration of condominium.
