Kindred Nursing Centers LimitedPartnership v. Clark, Case No. 16–32 (2017).
State laws which treat arbitration provisions differently than other contractual provisions are violative of the Federal Arbitration Act, 9 U. S. C. §2.Midland Funding, LLL v. Johnson, Case No. 16–348 (2017).
The filing in bankruptcy court of a proof of claim that is time barred under state law is not afalse, deceptive, misleading, unfair, or unconscionable debt collectionpractice within the meaning of the Fair Debt Collection Practices Act.Fourth Estate Public Benefit Corporation v. Wall-Street.Com, LLC, Case No. 16-13726 (11th Cir. 2017).
Registration of a copyright (registration being a condition precedent to instituting suit for infringement) occurs when the Registrar of Copyrights “register[s] the claim,” 17 U.S.C. § 410(a), and not upon applying for registration.Vanover v. NCO Financial Services, Inc., No. 15-1529 (11th Cir. 2017).
Claim-splitting is not permitted in the Eleventh Circuit.Landmark a Crescent Ridge LP v. Everest Financial, Inc., Case No. 1D16-4532 (Fla. 1st DCA 2017).
A writ of certiorari cannot be taken from an order denying a motion to dissolve a lispendens as any potential harm can be remedied on direct appeal. Specifically, financial harm, including that “the property cannot be sold while encumbered by the lispendens,thatPetitioner is in danger of defaulting on mortgages connected with the property if itcannot sell, and that the lawsuit might persist for a substantial time period” is not sufficient financial harm to justify certiorari relief.Polk County v. Highlands-In-The-Woods, L.L.C., Case No. 2D15-5642 (Fla. 2nd DCA 2017).
A proposal for settlement applies in a suit seeking inverse condemnation, including declaratory relief, where the main component of the suit is a claim for damages.Fritz v. Fritz, Case Nos. 3D16-479 and 3D16-2229 (Fla. 3rd DCA 2017).
The Third District adopts the Fourth District’s Karten v. Woltin, 23So. 3d 839 (Fla. 4th DCA 2009), decision and holds that excessive payments, mismanagement and waste do not constitute the type of individualized harm necessary to allow the filing of adirect (as opposed to a derivative)action under Florida Statute section 607.07401 notwithstanding that the mismanagement and waste affect the value of shares owned byall the shareholders.Ventures Trust 2013-I-Nh v. Johnson,Case No. 5D16-1020 (Fla. 5th DCA 2017).
A cause of action for mortgage foreclosure accrues the day after a mortgage payment is missed, not upon acceleration of the amounts due under the mortgage.Bush v. Whitney Bank, Case No. 5D16-2344 (Fla. 5th DCA 2017).
Florida Statute section 95.11(5)(h)’s one year statute of limitations to bring deficiency actions does not apply to deficiency actions arising out of short sales because by its own terms the statute only applies to situations where a certificate of title has been issued or the lender has accepted a deed in lieu of foreclosure.
