American Federated Title Corporation v. Gross, Case No. 3D14-758 (Fla. 3d DCA 2017).
An appellate court mandate may be recalled under Florida Statute section 43.44 and Florida Rule of Appellate Procedure 9.340(a) if the motion to do so is made within 120 days of the issuance of a mandate.Camargo v. Prime West, Inc., Case No. 3D16-555 (Fla. 3d DCA 2017).
An administrative stamp as follows does not convert a non-final order into an appealable, final order:
THE COURT DISMISSES THIS CASE AGAINST ANY PARTY NOT LISTED IN THIS FINAL ORDER OR PREVIOUS ORDER(S). THIS CASE IS CLOSED AS TO ALL PARTIES.Transcapital Bank v. Shadowbrook at Vero, LLC, Case No. 4D14-4650 (Fla. 4th DCA 2017).
The Caveat Emptor Doctrine remains in commercial transactions, subject only to exceptions for an artifice or trick has been employed, where the other party does not have an equal opportunity to learn facts, or where a party undertakes to disclose facts but fails to disclose all facts.Ditech Financial LLC v. White, Case No. 4D16-3213 (Fla. 4th DCA 2017).
The Lis Pendens Act, Florida Statute section 48.23(1)(d), does not require a party holding a recorded superior lien intervene in a case within thirty days.H. Gregory 1, Inc. v. Cook, Case No. 4D17-929 (Fla. 4th DCA 2017).
The words “shall” and “exclusive” make a venue selection clause mandatory.
