Mission Product Holdings, Inc. v.Tempnology, LLC, Case No. 17–1657 (2019).
Rejection of an executory contract under Section 365 ofthe Bankruptcy Code has the same effect as if the contract has been breached outside of the bankruptcy context and does not rescind rights under the contract.In Re: Amendments to The Florida Evidence Code, Case No. SC19-107(Fla. 2019).
Chapter 2013-107,sections 1 and 2,Laws of Florida, the “Daubert amendments) which amended Florida Statutes sections90.702 (testimony by experts) and 90.704 (basis of opinion testimony by experts), is adopted by rule.Valencia Golf and Country Club Homeowners’ Association, Inc. v. Community Resource Services, Inc., Case No. 2D17-4986 (Fla. 2d DCA 2019).
There is no “prevailing party” for purposes of attorney’s fees awards when both parties compromise and plaintiff dismisses the lawsuit.Matlacha Civic Association, Inc. v. City of Cape Coral,Case No. 2D18-419 (Fla. 2d DCA 2019).
A party opposing annexation under Florida Statute Section 171.081(1)need only show under the statute that it is a “party affected” and need not demonstrate material injury.Sea Vault Partners, LLC, v. Bermello, Ajamil & Partners, Inc., Case No. 3D17-2443 (Fla. 3d DCA 2019).
A trial court may not sanction a party for failing to pay an arbitration fee and thus delay the arbitration proceedings.Falsetto v. Liss,Case No. 3D18-794 (Fla. 3d DCA 2019).
A general release that releases “known and unknown” claims does not release unaccrued fraud claims.Venezia v. JP Morgan Mortgage Acquisition Corp., Case No. 4D18-1278 (Fla. 4th DCA 2019).
A party that voluntarily suit is the non-prevailing party.Levine v. Stimmel,Case No. 5D17-2572 (Fla. 5th DCA 2019).
Attorney’s fees cannot be awarded for unsuccessfully litigating entitlement to Florida Statute section 57.105 fees.
