Yellow Pages Photos, Inc. v. Ziplocal, LP, Case No. 16-11868 (11th Cir. 2017).
Reducing a prevailing party’s request for attorney’s fees and costs in strict, mathematical proportion to the results obtained at trial is an abuse of discretion.Kopel v. Kopel, Case No. SC13-992 (Fla. 2017).
Florida Rule of Civil Procedure 1.190(c) permits amended complaint to relate backto the filing of the original, timely filed complaint so long as the new arise out of the same conduct, transaction, or occurrence asin the original filing.Heller v. Bank of America, NA, Case No. 2D14-3530 (Fla. 2d DCA 2017).
Upon a Best Evidence Rule objection, the original promissory note must be introduced into evidence as it is a negotiable instrument that travels in the stream of commerce.Dyck O’Neal, Inc. v. Ward, Case No. 2D15-2989 (Fla. 2d DCA 2016).
A deficiency proceeding is not an action on a consumer debt but is instead an action to enforce a foreclosure judgment. Accordingly, Florida Statute section 559.715 of the Florida Consumer Collection Practices Act does not apply.Banco Bilbao Vizcaya Argentaria v. Easy Luck Co., Inc., Case No. 3D15-1376 (Fla. 3d DCA 2017).
A drawee that accepts a draft on the mistaken belief that the draft was authorized is permitted to seek recovery against the payee unless the payee took the instrument ingood faith and for value or changed position in good faith inreliance on the payment.City of Sunny Isles Beach v. Cavalry Corp., Case No. 3D15-1420 (Fla. 3d DCA 2017).
The “development approach” (also described as the “discounted cash flow” method) is appropriate for determining the value of governmental takings, and is calculated by (1) valuing the property as of the date of the taking (2) valuation is determined by what a willing buyer would pay for the property in its then-existing condition onthat date, for development into its highest and best use; and (3) the highest and bestuse may be a prospective use.Romagnoli v. SR Acquisitions − Homestead, LLC, Case No. 3D16-386 (Fla. 3d DCA 2017).
Guarantors not joined in the foreclosure action are not estopped from raising defenses in a law action on their guaranties, including equitable actions that could have been raised in the foreclosure action.Ober v. Town Of Lauderdale-By-The-Sea, Case No. 4D14-4597 (Fla. 4th DCA 2017).
A lispendens does not terminate at final judgment in a foreclosure case, and liens or claims filed after final judgment of foreclosure are extinguished by the foreclosure sale.Mckane Family Limited Partnership v. Sacajawea Family Limited Partnership, Case No. 4D15-2431 (Fla. 4th DCA 2017).
Failure to comply with the pre-suit demands of Florida Statute section 608.601 (since repealed) requires dismissal without prejudice.Mclendon v. Nikolits, Case No. 4D15-4003 (Fla. 4th DCA 2017).
The list of agricultural activities found in Florida Statute section 193.461(5) is not exhaustive, and agricultural tax exemptions may be granted for agricultural uses not listed in the statute.
