Joyce v. Federated National Insurance Company, Case No. SC16-103 (Fla. 2017).
Contingency mutlipliers are not just for “rare” and “exceptional” cases.Bayview Loan Servicing, LLC v. Kay, Case No. 1D16-4043 (Fla. 1st DCA 2017).
A witness from one business may lay the predicate for admission of another business’s business records so long as the witness has sufficient personal knowledge.Silver Beach Towers Property Owners Association, Inc. v. Silver Beach Investments of Destin,L.C., Case No. 1D16-4555 (Fla. 1st DCA 2017).
Off-site intangible personal property in which a condominium unit owner has no ownership rights is not “appurtenant” to a condominium unit, even if the declaration of condominium states they are appurtenant to the unit.Asset Management Holdings, LLC v. Assets Recovery Center Consolidated Investments, LLC, Case Nos. 2D16-341 and 2D16-3599 (Fla. 2d DCA 2017).
A breach of contract claim typically requires proof of lost profits, i.e., damages minus the costs of performing the contract, and a party cannot escape the requirement to prove costs by claiming a “set off.”Lana v. Assimakopoulos-Panuthos,Case No. 2D15-4205 (Fla. 2d DCA 2017).
An award under Florida Statute section 57.105(1) may only include fees and may not include costs, including expert witness fees.Wells Fargo Bank, N.A. v. Rutledge, Case No. 2D16-244 (Fla. 2d DCA 2017).
A purchaser at a foreclosure sale may not intervene in the case and may not raise defenses that belong to the foreclosed borrower.Arko Plumbing Corp. v. Rudd, Case No. 3D16-1689 (Fla. 3d DCA 2017).
Florida’s Litigation Privilege does not extend so far as to protect defendants from accessing, without consent, plaintiff’s password-protected vehicle tracking system.Borjas v. Vergara, Case No. 3D16-1788 (Fla. 3d DCA 2017).
When a party is in possession of rental premises without a rental agreement and furthermore claims an equitable interest, then ejectment and not eviction is the proper remedy to dispossess the defendant.Miami-Dade County v. Lansdowne Mortgage, LLC, Case No. 3D16-1046 (Fla. 3d DCA 2017).
Tax liens for improperly claiming homestead tax exemptions are retroactive and will take priority over previously recorded liens notwithstanding Florida Statute section 196.161(3)’s statement that “any purchaser for value of thesubject property shall take free and clear of such lien [for improperly claiming homestead].”Boardwalk Properties Management, Inc. v. Emerald Clinton, LLC, Case No. 4D16-3818 (Fla. 4th DCA 2017).
An arbitrator exceeds their authority by deciding issues not submitted to arbitration.Mid-Continent Casualty Company v. R.W. Jones Construction, Inc., Case No. 5D16-2836 (Fla. 5th DCA 2017).
Agreeing to not contest another creditor’s right to claim attorney’s fees is not an agreement to the reasonableness of those fees.
