Deer Brooke South Homeowners Association of Polk County, Inc. v. Battles, Case No. 2D19-1988 (Fla. 2d DCA 2020).
An affirmative defense may not be raised for the first time in a motion for summary judgment.UBS Financial Services, Inc.v. Efron,Case Nos. 3D19-1410 & 3D18-2612 (Fla. 3d DCA 2020).
A party seeking to compel a domestic corporation to produce records of a foreign affiliate must either pierce the corporate veilor establish the domestic corporation’s legal control of and regular access to the foreign affiliate’s records.World O World Corporation v. Patino, Case No. 3D20-0062 (Fla. 3d DCA 2020).
A loan which is non-usurious at its inception does not become usurious merely because the lender later demands to be paid a usurious rate.C.V.P. Community Center, Inc. v. McCormick 105, LLC, Case No. 4D19-1515 (Fla. 4th DCA 2020).
The taking of a deed does not create a novation which replaces the prior owner obligee under a restrictive covenant with the new owner; Jakobi v. Kings Creek VillageTownhouse Assoc., Inc., 665 So. 2d 325 (Fla. 3d DCA 1995), is distinguished.AT&T Services, Inc. v. S&S Utilities Engineering, LLC, Case No. 4D20-66 (Fla. 4th DCA 2020).
An arbitration provision is mandatory even if it contains the word “may.”
