Flournoy v. CML-GA WB, LLC, Case No. 16-10073 (11th Cir. 2017).
A landlord rebutting circumstantial claims of racial discrimination in violation of 42 U.S.C. § 1981 must only produce legitimate, non-discriminatory reasons for the treatment.Edmonds v. U.S. Bank National Association, Case No. 2D15-2590 (Fla. 2d DCA 2017).
A witness must have personal knowledge of a company’s regular practice of mailing letters for a court to adopt the rebuttable presumption of mailing as a routine business practice.Dyck-O’Neal, Inc. v. Meikle, Case No. 4D15-3911 (Fla. 4th DCA 2017).
A court may later acquire jurisdiction over an individual for deficiency suit purposes even if the foreclosure was first conducted by publication, i.e., non-personal service.Mancinelli v. Davis, Case No. 4D15-4249 (Fla. 4th DCA 2017).
The Intra-Corporate Conspiracy Doctrine applies in Florida as an agent cannot conspire with its principal (the corporation).JPMorgan Chase Bank National Association v. Jean Pierre, Case No. 4D16-1119 (Fla. 4th DCA 2017).
A witness need not have personal knowledge of a breach letter being sent so long as the witness testifies from the business records and the business records demonstrate the breach letter was sent.Investor Trustee Services, LLC v. DLJ Mortgage Capital, Inc., Case No. 5D15-3082.
A person who purchases property after the filing of a lis pendens is a purchaser pendent lite and is not entitled to intervene or participate in the pending litigation.Florida Department of Revenue v. DirecTV, Inc., Case No. SC15-1249 (Fla. 2017).
Florida Statute sec. § 202.12(1), which imposes different taxes on cable and satellite providers, does not violate the dormant Commerce Clause.Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, Case Nos. 2D13-6051& 2D14-86 (Fla. 2d DCA 2017).
The Second District adopts the reasoning of Waverly Las Olas Condominium Ass’n v. Waverly Las Olas, LLC,88 So. 3d 386 (Fla. 4th DCA 2012), and holds particular attorney’s fees provisions permit an award of fees for seeking fees.Corrections Corporation of America v. City of Pembroke Pines, Case No. 4D14-4815 (Fla. 4th DCA 2017).
A municipality has no obligation to provide utility services outside its boundaries unless it has contracted to do so or has otherwise assumed the duty to so by holding itself out as the public utility for the affected area.Nationstar Mortgage Company v. Levine, Case No. 4D16-615 (Fla. 4th DCA 2017).
Parol evidence is generally not admissible to explain a patent ambiguity, but may employed to explain a latent ambiguity or to explain a patent ambiguity when the identity, capacity or the parties’ relationship with one another is at issue.Paul v. Avrahami, Case No. 4D16-1456 (Fla. 4th DCA 2017).
The Supplementary Proceedings statute, Florida Statute section 56.29, provides only for an award of fees or costs to the judgment debtor and does not provide for an award against the impled defendant.Busch v. Lennar Homes, LLC, Case No. 5D16-1626 (Fla. 5th DCA 2017).
A “punch list” clause may extend “completion” of the sales contract beyond the closing date, and accordingly, may extend the running of the statute of limitations and the statute of repose.Goodyear Tire & Rubber Co. v. Haeger, Case No. No. 15–1406 (2017).
A federal court exercising its inherent authority to sanction for misconduct is limited to imposing sanctions in the amount of the damage caused by the misconduct.Hill v. Suwannee River Water Management District, Case No. 1D16-3343 (Fla. 1st DCA 2017).
The actions of a governmental entity in draining a pond and flooding fields are not quasi-judicial in nature, and therefore, the governmental entity is not entitled to quasi-judicial immunity for its actions.Cohen v. Jain, Case Nos. 3D16-281 & 3D16-1297 (Fla. 3d DCA 2017).
A promissory note which provides only for simple, not compound, interest will allow only a final judgment containing simple and not compound interest.Fouche v. Pilot Catastrophe Services, Inc., Case No. 5D16-848 (Fla. 5th DCA 2017).
A trial court granting a motion to compel arbitration should, pursuant to Florida Statute section 682.03(7) stay and not dismiss the trial court proceedings pending the decision of the arbitral panel.Santa Monica Beach Property Owners Association, Incorporated v. Acord, Case No. 1D16-4782 (Fla. 1st DCA 2017).
The manner in which property is used, i.e., used for residential or business purposes, determines whether a “no businesses” restriction is violated. Accordingly, short-term home rentals do not violate a “no businesses” association restriction because the use of the property is residential.The Bank Of New York Mellon v. Glenville, Case No. 2D15-5198 (Fla. 2nd DCA 2017).
A claimant to surplus funds under Florida Statute section 45.031(7)(b) must file their claim within sixty (60) days of the foreclosure sale and not within sixty days of the issuance of the certificate of title; conflict certified withStraub v. Wells Fargo Bank, N.A., 182 So. 3d 878, 881 (Fla. 4th DCA 2016).Highlands-In-The-Woods, L.L.C. v. Polk County, Case No. 2D15-2801 (Fla. 2nd DCA 2017).
Requiring a developer to connect to a reclaimed water system is a permissible development exaction that satisfies the Nollan/Dolan test as using reclaimed water is a legitimate state interest.
