Edwards v. Thomas, Case No. SC15-1893 (Fla. 2017).
Art. X, § 25(a) of the Florida Constitution (records relating to adverse medical incidents) abrogates the common-law attorney-client and work product privileges.Flo & Eddie, Inc. v. Sirius XM Radio, Inc., Case No. SC16-1161 (Fla. 2017).
Florida common law does not recognize an exclusive right of publicperformance in pre-1972 sound recordings.Pettis v. Merritt, Case No. 1D17-506 (Fla. 1st DCA 2017).
Florida Statute section 95.231(2) bars defenses or claims against the claimant to real property, i.e., it does not operate to bar the claimant in its claims to real property.Trial Practices, Inc. v. Hahn Loeser& Parks, LLP, Case Nos. 2D13-6051 and 2D14-86 (Fla. 2d DCA 2017).
The following contractual provision permits a party to seek attorney’s fees for litigating the amount of attorney’s fees:
. . . prevailing party in any action arising from or relating to thisagreement will be entitled to recover all expenses of anynature incurred in any way in connection with the matter,whether incurred before litigation, during litigation, in anappeal, . . . or in connection with enforcement of a judgment,including, but not limited to, attorneys’ and experts’ fees.Herendeen v. Mandelbaum, Case No. 2D15-4300 (Fla. 2d DCA 2017).
A discharge in bankruptcy does not extinguish a debt, and bankruptcy trustee may continue to prosecute a state law claim even after discharge of the bankrupt debtor.Buckingham v. Bank of America, N.A., Case No. 2D15-5424 (Fla. 2d DCA 2017).
A Power of Attorney must specifically reference the loan in question in order tocreate standing for a lender to prosecute a foreclosure.Villas of Windmill Point II Property Owners’ Association, Inc. v. Nationstar Mortgage, LLC, Case No. 4D16-2128 (Fla. 4th DCA 2017).
An assignee lender who is jointly and severally liable for association assessments with the foreclosing lender under Florida Statute section 720.3085(2)(b) is entitled to the benefits of the “safe harbor” provisions of Florida Statute section Florida Statute section 720.3085(2)(c).The Allegro at Boynton Beach, L.L.C. v. Pearson, Case No. 4D16-4299 (Fla. 4th DCA 2017).
The decision by a plaintiff to pursue both a specific performance claim and a damages claim based on the same facts does not operate as an election of remedies because the two remedies are consistent with each other. Additionally, an owner that enters into a contract converts a pre-existing right of first refusal into an irrevocable option to purchase that is not affected by the termination of the underlying contract.Spa Creek Services, LLCv. S.W. Cole, Inc., Case No. 5D15-3520 (Fla. 5th DCA 2017).
Contractual language requiring consent for the assignment of contracts,contractual interests, rights, and obligations has no effect on the assignment of a chosein action for breach of the contract. Additionally, a Delaware LLC may continue litigation to wind up its affairs after dissolution.
