Project Development Enterprise, LLC v. Elka Holdings, LLC, CaseNo. 3D18-356 (Fla. 3d DCA 2019).
The proceeds of a derivative action brought under Florida Statues section 605.0802 belong Section are required by Florida Statutes section 605.0805(1) to be paid to the limited liability company and not the plaintiff.Varela v. OLA Condominium Association, Inc., Case Nos. 3D18-1135 & 3D18-1749 (Fla. 3d DCA 2019).
A trial court must conduct an in-camera inspection to decide attorney-client privilege objections.Real State Golden Investments Inc. v. Larraín,Case No. 3D19-1369 (Fla. 3d DCA 2019).
A trial court’s ruling on motions anticipated to be but not yet filed creates an objectively reasonable belief that the affected party will not receive a fair trial and is grounds for disqualification of the trial judge.Guan v. Ellingsworth Residential Community Association, Inc.,Case No. 5D18-3633 (Fla. 5th DCA 2019).
A community association and a homeowner are required to arbitrate a dispute when the community’s declaration requires arbitration after mediation; Florida Statutes section section 720.311(2)(c) (“[after an unsuccessful mediation], theparties may file the unresolved dispute in a court of competent jurisdiction or elect to enterinto binding or nonbinding arbitration.”) does not control over the declaration.
