Kisor v. Wilkie, Case No. 18–15 (2019).
Auer v. Robbins, 519 U. S. 452 (1997), is not overruled but is “on life support.”Yerian v. Webber (In re Yerian), Case No. 18-10944 (11th Cir. 2019).
An Individual Retirement Account (IRA) is not exempt from the claims of creditors, including a bankruptcy trustee, under Florida Statute section222.21(2)(a)(2) if the account is not maintained in accordance with the IRA’s governing documents.Bullock v. Bayview Loan Servicing, LLC, Case No. 1D18-3130 (Fla. 1st DCA 2019).
It is inequitable to apply res judicataso that a prior final judgment prohibits a lender from foreclosing when unrebutted evidence demonstrates that borrower had not made payments in over a decade.Cascar, LLC v. City of Coral Gables, Case No. 3D18-1051 (Fla. 3d DCA 2019).
Ordinances enacted on or before May 11, 1995 are exempt from the application of the Bert J. Harris Property RightsProtection Act, Florida Statute section 70.001.Geico General Insurance Company v. Steinger, Iscoe & Greene-II, P.A., Case No. 3D18-1280 (Fla. 3d DCA 2019).
A stakeholder who is notified of an appropriate charging lien may not disburse the proceeds of funds that come into its possession in violation of the charging lien.Shoreline Foundation, Inc. v. Brisk, Case No. 4D18-1605 (Fla. 4th DCA 2019).
Mere contribution of capital, absent the exercise of joint control, is insufficient to establish a joint venture.Florida Holding 4800, LLC V. Lauderhill Lending, LLC, Case No. 4D18-1948 (Fla. 4th DCA 2019).
A lost promissory note may be re-established through summary judgment.Stamer v. Free Fly, Inc., Case No. 5D17-3016 (Fla. 5th DCA 2019).
The Statute of Frauds prohibits afraud misrepresentation and promissory estoppel suit against a party who makes oral misrepresentations that it will enter into a multi-year contract but does not sign a writing.
