California Public Employees’ Retirement System v. ANZ Securities, Inc., Case No. 16–373.
The three-year time limit of Section 13 of the Securities Act of 1933 is a statute of repose not subjectto equitable tolling, and a partythat opts out of a timely filed class action and files an individual action more than three years after accrual is barred from recovery.Pollitzer v. Gebhardt, Case No. 16-11506 (11th Cir. 2017).
A Chapter 7 bankruptcy case can be dismissed under 11 U.S.C. § 707(b)(granting bankruptcy relief can be denied if doing so would be “abuse” of the bankruptcy code) even if the case was originally filed as a Chapter 13 case.MP, LLC v. Sterling Holding, LLC, Case No. 3D15-1062 (Fla. 3d DCA 2017).
A bank may be liable in tort to its borrowersBankers Lending Services, Inc. v. Regents Park Investments, LLC, No. 3D17-439 (Fla. 3d DCA 2017).
Certiorari, not Florida Rule of Appellate Procedure 9.130(a)(3)(B), is the proper method to review orders granting or discharging lispendens and bonds associated therewith.E-Commerce Coffee Club v. Miga Holdings, Inc., Case No. 4D15-3899 (Fla. 4th DCA 2017).
A contractual provision that states a report is binding on the parties but is contradicted by a later provision stating either party may contest the report is patently ambiguous and subject to parol testimony.Klebanoff v. Bank of New York Mellon, Case No. 5D16-1637 (Fla. 5th DCA 2017).
The Fifth District distinguishes Hicks v. Wells Fargo Bank, N.A., 178 So. 3d 957 (Fla. 5th DCA 2015), and Collazo v. HSBC Bank USA, N.A., 213 So. 3d 1012 (Fla. 3d DCA 2016), based on their facts, and holds that a complaint alleging a default on a date “and all subsequent payments thereafter” is not barred by the statute of limitations.
