Debrincat v. Fischer, Case No. SC15-1477 (Fla. 2017).
The litigation privilege does not bar an action for malicious prosecution; Wolfe v.Foreman, 128 So. 3d 67 (Fla. 3d DCA 2013), is overruled.Solar Dynamics, Inc. v. Buchanan Ingersoll & Rooney,P.C.,Case No. 2D15-5728 (Fla. 2nd DCA 2017).
A claim involving a patent’s scope, validity, or infringement must first be brought in federal court; state courts are without jurisdiction to make those determinations even if the overall claim is a legal malpractice claim alleging negligence arising out of the patent’s prosecution.Super Products, LLC v. Intracoastal Environmental, LLC,Case No. 2D16-1979 (Fla. 2d DCA 2017).
A court may dismiss a lawsuit under Florida Statute section605.0904(1)for a LLC’s failure to hold a certificate of authority from the State of Florida to conduct business,but the better practice is to stay the lawsuit pending compliance.Houk v. Pennymac Corp.,Case No. 2D15-2583 (Fla. 2nd DCA 2017).
An order of substitution does not relieve a substituted plaintiff in a mortgage foreclosure action from the requirement to prove ownership or entitlement to enforce the note.Integrale Investments, LLC v. Hoffman,Case No. 2D15-5757 (Fla. 2nd DCA 2017).
A partial final judgment that reserves jurisdiction to determine the remainder of the case cannot authorize execution on the partial final judgment.SRMOF II 2012-1 Trust v. Garcia,Case No. 5D16-973 (Fla. 2nd DCA 2017).
A dismissal without prejudice does not require the listing of the Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993), factors.The Fifth District aligns itself with the First and Third District Courts of Appeal.
