Florida v. Georgia On Exceptions To Second Report of Special Master No. 142, CaseNo. 19–511 (2021).
In an original action in the Supreme Court, the state of Florida failed to prove by clear and convincing evidence that thecollapse of its oyster fisheries was caused by the state of Georgia’s overconsumption of water from the Lake Lanier water system.Facebook, Inc. v. Duguid, Case No. 19–511 (2021).
A device must have the capacity either to store a telephonenumber using a random or sequential number generatoror to producea telephone number using a random or sequential number generator to qualify as an “automatic telephone dialing system” under theTelephone Consumer Protection Act, 47 U. S. C.§227(a)(1).AMG Capital Management, LLC v. Federal Trade Commission, Case No. 19-508 (2021).
Neither the text, structure nor the history of Section 13(b) of the Federal Trade Commission authorizes the Commission to obtain court-ordered damages.Moore v. Intuitive Surgical, Inc., Case No. 19-10869 (11th Cir. 2021).
A trial court conducting a Daubert analysis may not conflate the reliability and qualifications prongs of the test.O’Neal Constructors, LLC v. DRT America, LLC, Case No. 20-11045 (11th Cir. 2021).
Service of a “notice of a motion to vacate” an arbitration award under 9 U.S.C. § 12 is not accomplished byemailing opposing counsel a “courtesy copy” of a memorandum in support ofthat motionwherethe party to be served does notexpressly consent in writing to service by email.Gil v. Winn-Dixie Stores, Inc., Case No. 17-13467 (11th Cir. 2021).
Websites are not places of public accommodation under 42 U.S.C. § 12182(a), and thus do not need to comply with the Americans with Disabilities Act.Circuitronix, LLC v. Kinwong Electronic (Hong Kong) Co., Ltd., Case No. 19-12547 (11th Cir. 2021).Fed. R. Civ. P. 6(a)(3) extends the time to file a document when the courthouse is closed, even if the document could have been filed electronically.Reliable Restoration, LLC v. Panama Commons, L.P., Case No. 1D20-32 (Fla. 1st DCA 2021).
The possibility of inconsistent verdicts between different courts adjudicating related lawsuits satisfies the irreparable harm requirement for seeking certiorari relief.Lemos v. Sessa, Case No. 3D20-1362 (Fla. 3d DCA 2021).
An attorney may require in her engagement agreement that all disputes arising out of the representation, including malpractice claims, be subject to binding arbitration but may not require the client to pay – regardless of outcome – the fees and costs of the arbitration.In Re: Amendments To The Florida Rules of Civil Procedure, The Florida Small Claims Rules, The Florida Rules of Appellate Procedure, and The Florida Family Law Rules of Procedure—Service, Case No. SC19-2162
Documents thatare served but not filed with the court must be served in accordancewith Florida Rule of General Practice and Judicial Administration2.516 (Service of Pleadings and Documents).Baird v. Mason Classical Academy, Inc.,Case No. 2D20-2550 (Fla. 2d DCA 2021).
The nature of Florida’s Anti-SLAPP statute, Florida Statue section 768.295, permits certiorari relief to review denials of motions to dismiss based on the statute, and requires the party accused of SLAPP violations to present a prima facie case for its actions at which time the burden shifts to the party claiming the SLAPP violation.Dean Wish LLC v. Lee County, Florida, Case No. 2D19-4843 (Fla. 2d DCA 2021).
The Bert J. Harris, Jr.Private Property Rights Protection Act, Florida Statute section70.001, requires a claimant to be a present “property owner” to be eligible for statutory relief under the Act.Finlaw v. Finlaw, Case No. 2D19-3108 (Fla. 2d DCA 2021).
A specific limitation in a partnership agreement that shares of the partnership may be devised only to “children” controls over a general limitation in the agreement that shares may be devised only to “lineal descendants” and over instruction in testamentary instruments.UATP Management, LLC v. Barnes, Case No. 2D20-1301 (Fla. 2d DCA 2021).
The question of whether a contract to arbitrate has been formed is a threshold question for the trial court, and a trial court is empowered to determine whether an adult can agree to a contract to arbitrate for a minor who is neither her child nor legal ward.Ranucci v. City of Palmetto, Case No. 2D20-806 (Fla. 2d DCA 2021).
An annexation agreement between a city and landowners is subject to the five-year statute of limitations in Florida Statute 95.11(2)(b) and the one-year limitation in section 95.11(5)(a).Friedberg v. O’Doyle Rules, LLC,Case No. 2D20-1417 (Fla. 2d DCA 2021).
A real estate sales contract “subject to” a right of first refusal in favor of a third party requires the seller to notify the third party of any material changes to the contract and each material change gives the third party a new right of first refusal.FM 3 Liquors, Inc. v. Bien-Aime, Case No. 3D20-1660 (Fla. 3d DCA 2021).
An agreement to make, renew or extend a lease or to sell a property that fails to specify either the price (or definite procedure to establish same) for the rental or sale is too indefinite to be legallybinding and enforceable.Lenmar Realty, LLC v. Sun Electric Works, Inc., Case Nos. 4D19-3467, 4D19-3468 and 4D19-3605 (Fla. 4th DCA 2021).
A landlord is entitled to obtain the rental monies deposited in a court registry pursuant to Florida Statute section 83.232 by filing a motion and without filing a pleading containing acause of action directed at obtaining the funds.Walton Plantation Master Association, Inc. v. Opo, LLC, Case No. 1D20-56 (Fla. 1st DCA 2021).
A party is not entitled to a prevailing party award of attorney’s fees based on a contract it claims never existed.Richeson v. South’s Custom Construction, Inc., Case Nos. 5D20-1496 & 5D20-2399 (Fla. 5th DCA 2021).
Florida Statute section 701.04(2) does not require a satisfaction of mortgage to be issued until the mortgage is fully satisfied.
