Tobinick v. Novella, Case No. 15-14889 (11th Cir. 2017).
“Commercial speech,” for purposes of liability under 15 U.S.C. § 1125(a)(1)(B) of the Lanham Act, consists of speech that is “conceded to be advertisements,” contains a “reference to a specific product,” and where the speaker “’has an economic motivation’ for distributing the material.”In re Lunsford, Case No. 16-11578 (11th Cir. 2017).
A bankruptcy court’s adoption of an arbitrator’s factual finding of violation of securities law is sufficient to preclude a debtor’s discharge under 11 U.S.C.§ 523(a)(19)(A), and a separate factual finding by the trial court is not required.In re Appling, Case No. 16-11911 (11th Cir. 2017).
A debtor’s “statement respecting the debtor’s . . . financial condition” is not dischargeable unless, under 11 U.S.C. § 523(a)(2)(B), that statement is in writing.Patrick v. Hess, Case No. SC15-1147 (Fla. 2017).
A foreign judgment recorded under the Uniform Enforcement of Foreign Judgments Act becomes an enforceable Florida judgment even if the original judgment is no longer enforceable, and the twenty-year statute of limitations of Florida Statute section 95.11(1) applies to the Florida recorded judgment.In re Amendments To The Florida Evidence Code, Case No. SC16-181 (Fla. 2017).
The Florida Supreme Court declines to adopt the “Daubert Amendment” to the Florida Evidence Code to the extent the changes are procedural.Beltway Capital, LLC v. Lucombe, Case No. 2D16-437 (Fla. 2d DCA 2017).
Verification of a complaint pursuant to Florida Rule of Civil Procedure 1.110(b) and Florida Statute section 702.015 is not an element of the cause of action of mortgage foreclosure. Moreover, failure to verify is subject to a motion to dismiss pursuant to rule 1.420(b), but notice of hearing needs to be given and a party may not use Rule 1.140(h) to ambush a party a trial by calling up the motion without notice.Friedman v. MercantilCommercebank, N.A., Case No. 3D15-2352 (Fla. 3d DCA 2017).
In deficiency proceedings, the date of transfer of the property is the “valuation date” if there is no foreclosure sale.Wheaton v. Wheaton, Case No. 3D16-490 (Fla. 3d DCA 2017).
A proposal for settlement, even though it is not filed, must be served by email under Florida Rule of Judicial Administration 2.516.Vital Pharmaceuticals, Inc. v. Professional Supplements, LLC, Case No. 4D15-1123 (Fla. 4th DCA 2017).
Damages for a wrongfully issued injunction are limited to the bond posted, and a party is not entitled to damages for the wrongful injunction if no bond is posted.Vitacost.Com, Inc. v. Mccants, Case No. 4D16-3384 (Fla. 4th DCA 2017).
A “browsewrap agreement” on an Internet website, including an agreement to arbitrate, is not binding unless the party browsing is made aware that browsing and purchasing on the website is subject to the additionally incorporated terms and conditions.Wilmington Savings Fund Society v. Louissaint, Case No. 5D15-3830 (Fla. 5th DCA 2017).
A copy of a note with a blank indorsement attached to the complaint, with the original filed at trial, is enough to establish standing for the party that filed the complaint, even if the note is lost after the complaint but later found by time of trial.
