Tubby’s Customs, Inc. v. Euler, Case No. 2D16-3878 (Fla. 2d DCA 2017).
A party who has been aggrieved by a total breach of contract may elect benefit of the bargain damages where “the proper measure of damages [is] either the reasonable cost of completion, or the difference between the value the [repair] would have had if completed and the value of the [repair] that has been thus far performed.”The Bank of New York Mellon Corporation as Trustee v. Anton, Case No. 3D15-2213 (Fla. 3d DCA 2017).
A mortgage foreclosure complaint which alleges the same default date as a previously unsuccessful foreclosure but adds the word “and all subsequent payments” is not barred by the statute of limitations.Wells Fargo Bank, N.A. v. Richards, Case Nos. 4D16-1364 and 4D16-2033 (Fla. 4th DCA 2017).
An unsigned (i.e., oral) mediation agreement affecting a mortgage is an attempt to modify a credit agreement in violation of both the Statute of Frauds, Florida Statute section 725.01, and the Banker’s Statute of Frauds, Florida Statute section 687.0304, and is not enforceable.3709 N. Flagler Drive Prodigy Land Trust, Mango Homes LLC v. Bank Of America, N.A., Case No. 4D16-3255 (Fla. 4th DCA 2017).
A purchaser subsequent to a mortgage may not challenge the validity of the mortgage but may challenge the standing of the mortgagee to foreclose.U.S. Bank, N.A., v. Diamond, Case No. 5D16-3609 (Fla. 5th DCA 2017).
Judgment cannot be entered for missed monthly payments outside the statute of limitations.U.S. Bank, N.A., v. Diamond, Case No. 5D16-3609 (Fla. 5th DCA 2017).
Judgment cannot be entered for missed monthly payments outside the statute of limitations.Kennedy v. RES-GA Lake Shadow, LLC, Case No. 1D16-4708 (Fla. 1st DCA 2017).
A party who has an interest in an asset must be joined in the proceedings supplementary that are used to execute upon the asset.Lesinski v. South Florida Water Management District, Case No. 4D17-40 (Fla. 4th DCA 2017).
The time limits of Florida Rule of Civil Procedure 1.420 are mandatory, and compliance with the rule cannot be excused through application of excusable neglect principles under Florida Rule of Civil Procedure 1.540.White v. MederiCaretenders Visiting Services of SoutheastFlorida, LLC, Case No. SC16-28 (Fla. 2017).
Home health service referral sources can be aprotected legitimate business interest under Florida’s Non-Compete Statute, Florida Statute section 542.335.MVW Management, LLC v. Regalia Beach Developers LLC, Case No. 3D16-2198 (Fla. 3d DCA 2017).
“Advancement” and “indemnity” of attorney’s fees under management or operating agreements are different concepts and Florida law typically offers indemnification for third party (and not first party) claims.Inspired Capital, LLC v. Condé Nast, Case No. 3D17-547 (Fla. 3d DCA 2017).
The “arising out of or related to” analysis of Jackson v. Shakespeare Foundation, Inc., 108 So. 3d 587 (Fla. 2013) (“arising out of or related to” is broader than “arising out of” an encompasses more claims) applies to venue provisions as well as arbitration provisions.Hart v. Credit Control, LLC, Case No. 16-17126 (11th Cir. 2017).
A debt collector’s voicemail is a “communication” under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, and initial communications that do not contain a “mini-Miranda” warning violates the Act. However, a voicemail that identifies the caller and the purpose of the call is a “meaningful disclosure” under the Act; identification of the person making the call is not required.Slater v. United States Steel Corporation, Case No. 12-15548 (11th Cir. 2017) (en banc).
A court must examine all circumstances – not just failure to disclose assets on bankruptcy schedules – when determining whether to apply judicial estoppel in civil proceedings subsequent to a debtor’s bankruptcy proceedings.McIntosh v. Wells Fargo Bank, N.A., Case No. 5D16-2189 (Fla. 5th DCA 2017).
A foreclosing plaintiff must, as conditions precedent, comply with HUD regulations that limit acceleration and foreclosure when the mortgage incorporates the regulations.Llano Financing Group, LLC v. Petit, Case No. 1D16-3168 (Fla. 1st DCA 2017).
A lender’s claims based on a faulty appraisal accrues immediately and is subject to Florida Statute section 95.11(3)’sfour-year statute of limitations.Florida Farm Bureau Casualty Insurance Company v. Gray, Case No. 1D16-3118 (Fla. 1st DCA 2017).
The failure of a client to pay his attorney the contracted-for hourly rate does not transform the representation into a contingency fee representation, and as a result, a multiplier is not proper under this form of representation.AHF-Bay Fund, LLC v. City of Largo, Florida, Case No. 2D14-408 (Fla. 2d DCA 2017).
A subsequent purchaser is on constructive notice of and bound by a non-recorded agreement when there is a recorded memorandum of agreement in the title record and the recorded memorandum refers to a non-recorded agreement which states that the non-recorded agreement runs with the land.Friedle v. The Bank Of New York Mellon, Case No. 4D15-1750 (Fla. 4th DCA 2017).
An authenticated document is not automatically admissible if another section of the Evidence Code (such as hearsay) makes the document non-admissible. Additionally, the Tipsy Coachman Rule does not apply if the trial court record is not sufficiently developed.
