Expressions Hair Design v.Schneiderman, Case No. 15–1391 (2017).
A law which prohibits a merchant from imposing a surcharge for the use of a credit card regulates speech because it instructs how merchants communicate their prices.Khleif v. Bankers Trust Company of California, N.A., Case No. 2D15-4853 (Fla 2d DCA 2017).
A plaintiff proves a prima facie case by attaching to its complaint and introducing into evidence a short form mortgage that refers to the full, recorded long form mortgage.Piero Salussolia, P.A. v. Nunnari, Case No. 3D16-436 (Fla. 3d DCA 2017).
The following “success fee” provision in an attorney engagement agreement is an unenforceable agreement to agree in the future:
- Success Fee. A success fee of a percentage, to be agreed uponamongst the parties hereto, based on the amount by which Client’sJudgment amount is reduced will be charged as a success fee NOT TOEXCEED 1 MILLION. For example, if Client owes $10,000.00 on theJudgment and through the Appeal and/or the Settlement, that amountis reduced to $6,000.00 saving Client $4,000.00, then the Firmsuccess fee shall be a percentage of $4,000.00. Success fee shall bepayable to the Firm immediately upon termination of the Appealand/or the full execution of the Settlement Agreement.
Phelan v. Lawhon, CaseNos. 3D16-1858; 3D16-1838; 3D16-1675 (Fla. 3d DCA 2017).
The Corporate Shield Doctrine does not stop a Florida court from acquiring long-arm jurisdiction over out of state defendants.Foster v. Bank of America, N.A.,Case No. 3D16-2655 (Fla. 3d DCA 2017).
While a financial institution is required by Florida Statute section655.059(1)(e) to keep all of its financial records confidential, a court of competent jurisdiction may compel the institution to release the records.Element Financial Corp. VvMarcinkoskiGradall, Inc., Case No. 4D16-368 (Fla. 4th DCA 2017).
A guarantor is not a “debtor” within the meaning of the Uniform Commercial Code, Florida Statute section 679.3161(1)(b), and therefore a creditor is not required to file notice of its lien in order to perfect its securityinterest within four months of a guarantor moving to Florida.Sawgrass Ford, Inc. v. Vargas, Case No. 4D16-3457 (Fla. 4th DCA 2017).
A trial court may compel arbitration on the basis of fairness, including equitable estoppel.Jane E. Bistline, M.D., P.A. V. Anthony Rogers, M.D., Case No. 4D16-4012 (Fla. 4th DCA 2017).
Intentional interference with a business relationship may rise to the level of supporting punitive damages, but the conduct must be “egregious and sufficiently reprehensible to rise to the level oftruly culpable behavior deserving of punishment.”Archer v. U.S. Bank National Association,Case No. 5D16-1970 (Fla. 5th DCA 2017).
An order denying a motion to quash constructive service in an in rem case is not an appealable final order because there is no determination of the jurisdiction of a person.
