Bailey v. Women’s Pelvic Health, LLC, Case No. 1D19-1444 (Fla. 1st DCA 2020).
Arbitration provisions which cover claims “arising out of or related to” apply not only to claims arising out of the parties’ employment agreements, but also to those claims with a significant relationship to the agreements – including those with a contractual nexus.MV Senior Management, LLC v. Redus Florida Housing, LLC, Case No. 1D20-111 (Fla. 1st DCA 2020).
The Wrongful Act Doctrine basis for awarding attorney’s fees applies only to litigation ensuing from a party’s wrongful act against a third party.Murphy Auto Group, Inc. v. Florida Department of Transportation, Case No. 2D19-1236 (Fla. 2d DCA 2020).
Requiring a private landowner to pay for a new drainage system in order for the landowner to connect to a roadway owned by the government is an improper exaction under Koontz v. St. Johns River Water Management District, 570 U.S. 595, 605-06 (2013).BEO Management Corp v. Horta, Case No. 3D19-1989 (Fla. 3d DCA 2020).
The defenses of not being a party to the contract, there being no consideration for the check, and there being no intent to defraud do not defeat a claim for treble damages for a worthless check under Florida Statute section 68.065(3)(a).MST Corporation v. Caribe Insurance Agency Corporation, Case No. 3D19-2288 (Fla. 3d DCA 2020).
A junior lienor omitted from a prior foreclosure retains its right of redemption and the redemption amount is the amount of the mortgage debt, notthe foreclosure judgment amount, and an omitted lienor cannot be compelled to paythe costs or expenses of the foreclosure of the mortgage.Triton Stone Holdings, L.L.C. v. Magna Business, L.L.C., Case No. 4D19-2371 (Fla. 4th DCA 2020).
A handwritten agreement detailing the resolution of a limited liability company that does not comport with the previously executed operating agreement for the limited liability company is not effective even if partially acted upon.Pension Benefit Guaranty Corporation v. 50509 Marine LLC, Case No. 19-14968 (11th Cir. 2020).
Notwithstanding its bankruptcy and its dissolution under state law, the sponsor of an ERISA plan that continues to authorize payments to beneficiaries and that is not supplanted as the plan’ssponsor by another entityremains the constructive sponsor such that othermembers of plan sponsor’s controlled group of companies may be held liable under ERISA for the plan’s terminationliabilities.Merle Wood & Associates, Inc. v. Frazer, Case No. 4D19-2238 (Fla. 4th DCA 2020).
A party claiming unjust enrichment must prove the value of the benefit provided to and retained by the defendant; providing evidence of the contractual value of commissions is not sufficient substantial, competent evidence of the unjust enrichment.Indian River County v. Ocean Concrete, Inc., Case No. 4D19-3611 (Fla. 4th DCA 2020).
Damages for violation of the Bert Harris Act, Florida Statute section 70.001, arise from the loss of the investment backed expectation and valuation is not based on the ability of the owner to attain its goal, the date when the owner could attain its goal, or on the highest and best use (value) of the property.The Cove & Deerfield Beach, LLC v. R Fast, Inc., Case No. 4D20-1782 (Fla. 4th DCA 2020).
The requirement of a tenant to deposit rent into the Registry of the Court under Florida Statute section 83.232(5) is strict, and the failure of a tenant to timely do so compels eviction even if the tenant mailed the rent check to the clerk two days before its due date.In Re: Amendments to Florida Rules of Appellate Procedure 9.120 And 9.210, Case No. SC20-597 (Fla. 2020).
Changes to the Florida Rules of Civil Procedure, including certification and required fonts.Galleon Bay Corporation v. Board of County Commissioners of Monroe County, Florida, Case No. 3D19-1783 (Fla. 3d DCA 2020).
Florida Statute sec. 73.111 (the money to satisfy a condemnation judgment award must be deposited in the court registry within 20 days of the judgment) does not apply to inverse condemnation awards.Wahnon v. Coral & Stones Unlimited Corp., Case No. 3D19-2387 (Fla. 3d DCA 2020).
A trial court faced with invocation of a witness’s invocation of the Fifth Amendment privilege against self-incrimination which impacts a party’s right to discovery and access to the courts may fashion an appropriate balancing remedy, including but not limited to, staying the case, preventing awitness from testifying or a party from presenting evidence, and recognizing anadverse inference.Torruella v. Nationstar Mortgage, LLC, Case No. 5D19-3298 (Fla. 5th DCA 2020).
A party that has not been served in a lawsuit is not a “prevailing party” entitled to attorney’s fees when the suit is dismissed.M & M Realty Partners at Hagen Ranch, LLC v. Mazzoni, Case No. 18-13536 (11th Cir. 2020).
A “binding financial commitment” from a third party, including a wholly owned business entity, is required in order to satisfy the financial requirement of the “ready, willing and able” standard for awarding specific performance.Persaud Properties FL Investments, LLC v. Town of Fort Myers Beach, Case No. 2D19-1282 (Fla. 2d DCA 2020).
Abandonment of a non-conforming use requires voluntary discontinuation of the use combined with the intent the discontinuation be permanent, i.e., more than the passage of time is required for abandonment.Bank of America, N.A. v. De Morales, Case No. 3D19-1782 (Fla. 3d DCA 2020).
Certiorari relief generally is not available to avoid the expense of continued litigation (including discovery) but is available where immunity from litigation altogether is asserted.Bridge Financial, Inc. v. J. Fischer & Associates, Inc. Case No. 4D19-348 (Fla. 4th DCA 2020).
The owner of 5% of a corporate entity is a sufficient “owner” such that he cannot tortiously interfere with a contract with “his” company.Accardi v. Regions Bank, Case No. 4D20-0662 (Fla. 4th DCA 2020).
The statute of limitations set forth in Florida Statute section 95.11(5)(h) applies to a motion for a deficiency judgmentbrought within an existing mortgage foreclosure action.
