DeMartini v. Town of Gulf Stream, Case No. 17-14177 (11th Cir. 2019).
Probable cause to file a RICO lawsuit defeats a retaliatory Section 1983 lawsuit.Mattress One, Inc. v. Sunshop Properties, LLC, Case No. 3D19-0307 (Fla. 3d DCA 2019).
A registered agent’s unavailability during the statutorily required times does not allow a process server to serve anyone at the business premises without first complying with Florida Statute section 48.081(1) (a return ofservice must show the absence of all officers of a superior class designated in thestatute before service can be obtained by serving an officer or agent of an inferiorclass).1601 Bay LLC v. Wilmington Savings Fund Society, FSB, Case No. 3D19-492 (Fla. 3d DCA 2019).
A purchaser of property, including one purchasing at a foreclosure sale, cannot rely on a fraudulent satisfaction of a prior mortgage in the title record and the purchaser at the foreclosure sale does not take title free of the unsatisfied mortgage.The Naked Lady Ranch, Inc. v. Wycoki, Case No. 4D18-2068 (Fla. 4th DCA 2019).
A court’s inquiry into suspension or termination of a member of a corporation is, under Florida Statute section 617.0607(1), limited to determining whether the board acted in a fair and reasonable manner and in good faith.Mantilla v. Fabian, Case No. 4D18-2429 (Fla. 4th DCA 2019).
A general release arising out of the sale of a business does not preclude a later claim of fraud in the inducement unless the release specifically states that fraud is not grounds for rescission.Iglehart v. Mitbank USA, Inc., Case Nos. 4D19-86 and 4D19-87 (Fla. 4th DCA 2019).
Contemporaneously executed contracts for different functions between two parties, one containing a mandatory arbitration provision and the other containing an exclusive venue litigation provision, do not require arbitration of all disputes between the parties.Carter Development ofMassachusetts, LLC v. Howard, Case No. 1D18-3075 (Fla. 1st DCA 2019).
An escrow agent only owes a duty per his escrow agreement and does not owe a fiduciary duty to non-parties to the escrow agreement.Magnolia Court, LLC v. Moon, LLC, Case No. No. 3D18-722 (Fla. 3d DCA 2019).
An unregistered foreign limited liability company is subject to service under Florida Statute section 605.0904(6),and such service is “personalservice” so that plaintiff does not have to comply with the personal service requirements of Florida Statutes Chapter 48.The Allegro at Boynton Beach, L.L.C. v. Pearson, Case No. 4D18-3387 (Fla. 4th DCA 2019).
A party may “deliver” a contract subject to a right of first refusal through discovery in pending litigation.In Re: Amendments to The Florida Rules of Civil Procedure–2019 Regular-Cycle Report, Case No. SC19-108 (Fla. 2019).
Substantial changes to the Florida Rules of Civil Procedure, including changes to the remitter and additur.Richard v. Asset Management West 15, LLC, Case No. 2D18-4599 (Fla. 2d DCA 2019).
An affidavit of indebtedness that does not attach business records is insufficient evidence of the amount owed.Merrick Park, LLC v. Garcia, Case Nos. 3D18-2090 & 3D18-1393 (Fla. 3d DCA 2019).
Improvements on leased land are taxed separately than the land itself, and the owner of the improvements may not contest the ad valorem valuation of the land.295 Collins, LLC v. PSB Collins, LLC, Case No. 3D18-2069 (Fla. 3d DCA 2019).
“Prepay” a loan typically means a loan payoff prior to the stated maturity of the loan and does not require payoff of a loan prior to a sale transaction, i.e., funds borrowed as part of a closing may be used to pay the loan off at closing.Tanis v. HSBC Bank USA, N.A., Case No. 3D18-2102 (Fla. 3d DCA 2019).
An attorney not of record is not entitled to notice of a re-scheduled foreclosure sale, even if the attorney attended and participated in a hearing in the case.Conrad FLB Management, LLC v. Diamond Blue International, Inc., Case No. 3D18-2540 (Fla. 3d DCA 2019).
A corporate or business name change has no effect on the underlying obligations of the business.U.S. Bank Trust, N.A. v. Leigh, Case No. 5D17-2967 (Fla. 5th DCA 2019).
A mortgage may permit a lender the collection of attorney’s fees incurred in a prior foreclosure action, even if the lender was not successful in the first action.Rotkiske v. Klemm, Case No. 18–328 (2019).
The one-year statute of limitations for violations of the Fair Debt Collection Practices Act, 15 U. S. C. §1692k(d), begins to run when the violation occurs not when the violation is discovered.High Five Products, Inc. v. Riddle, Case No. 2D19-913 (Fla. 2d DCA 2019).
The Second District aligns with the First, Third and Fifth Districts and holds that an order denying amotion to add a claim for punitive damages is not reviewable via certiorari.Gokalp v. Unsal, Case No. 4D18-2535 (Fla. 4th DCA 2019).
A party which does not personally receiveproperty or profits from a real estate deal cannotbe held liable for conversion or civil theft arising out of the deal.
