Levy v. Levy, Case No. SC20-1195 (Fla. 2021).
Florida Statute section 57.105(7) is applicable only where the attorney’s fees provision is unilateral, i.e., provides for an award of attorney’s fees to only one party to the contract.In Re: Amendments to Florida Rules of Civil Procedure 1.280 And 1.340, Case No. SC21-120 (Fla. 2021).
Florida Rule of Civil Procedure 1.280 is amended to require litigants, when responding to requests for production, written deposition questions, interrogatories, and requests for admissions, to state the deposition question, interrogatory, or discovery request followed by the answer, objection, or other response.Phillips v. Pritchett Trucking, Inc., Case No. 1D20-2068 (Fla. 1st DCA 2021).
The Clerk of Court is required by Florida Statute section 28.222(3) to “record . . . instruments presented to him or her for recording, upon payment of the service charges prescribed by law” and upon failure to do so, may be compelled by mandamus to record as date of presentment of the instrument and give priority irrespective of Florida Statute section 695.11.Akuwudike v. McKenzie, Case No. 3D20-1364 (Fla. 3d DCA 2021).
Other than jurisdiction specifically retained, a trial court loses jurisdiction of a case after rendition of the final judgment and expiration of the time allotted for altering, modifying or vacating the judgment, and as a result, cannot conduct case management conferences nor “dismiss” a case.Barak v. ACS International Projects, Ltd., Case No. 3D20-0670 (Fla. 3d DCA 2021),
Article 4A (Electronic Funds Transfers) of the Uniform Commercial Code only allocates responsibility as to “parties” to the funds transfer, i.e., a term narrowly defined as including only the originator, sender, beneficiary, and enabling financial institutions, and does not allocate responsibility as to underlying parties laying claim to the funds.First Equitable Realty III, Ltd. v. Grandview Palace Condominium Association, Inc., Case No. 3D20-1807 (Fla. 3d DCA 2021).
An amendment to a condominium declaration giving a developer the right to reject further amendments which are, in the sole opinion of the developer, harmful to the sale of further units is enforceable.JD’s Asphalt Engineering Corp. v. Arch Insurance Company,No. 3D20-0407 (Fla. 3d DCA 2021).
Upon proper proof, a surety may enforce a contractual provision that all change orders in a construction contract be in writing and approved.Shechter v. R.V. Sales of Broward, Inc., Case No. 3D20-1413 (Fla. 3d DCA 2021).
A trial court cannot enter summary judgment when no parties have moved for that relief.
