Pinson v. JPMorgan Chase Bank, National Association, Case No. 16-17107 (11th Cir. 2019).
A consumer must establish three things in order to allege a creditor used a false name in violation of the Fair Debt Collection Practices Act: use a name other than its own in a way that would indicate a third person is attempting to collect its debt, and to use the false name in the process of collecting its own debt.Classy Cycles, Inc. v. Panama City Beach, Case No. 1D18-3095 (Fla. 1st DCA 2019).
The Municipal Home Rule Powers Act, Florida Statute section 166.021, inserted the rational basis test (an ordinance must be reasonable and not arbitrary) in place of the “per se nuisance” test (activity can only be banned if it is a per se nuisance) for determining whether activity can be banned; whether an ordinance is a zoning ordinance or a traffic control ordinance is irrelevant.Florida Department of Agriculture and Consumer Services v. Dolliver, Case No. 2D18-1393 (Fla. 2d DCA 2019).
The Florida Legislature may not pass laws which restrict the obligation of Florida government to pay for takings without just compensation under Article X, section 6(a) of the Florida Constitution.Stacknik v. U.S. Bank National Association,Case No. 2D18-2156 (Fla. 2d DCA 2019).
A mailing log is sufficient additional evidence to establish the mailing of a condition precedent letter.Villa Bellini Ristorante & Lounge, Inc. v. Mancini, Case No. 2D18-2249 (Fla. 2d DCA 2019).
Florida law permits mandamus proceedings to allow shareholders in private corporations to inspect their corporation’sbooks and records.Pillay v. Public Storage, Inc.,Case No. 4D19-84 (Fla. 4th DCA 2019).
Exculpatory clauses are effective in leases, and the following clause bars negligence claims against a self-storage landlord:
(1) ALL PERSONAL PROPERTY IS STORED BY OCCUPANT AT OCCUPANT’S SOLE RISK.
(2) Owner and Owner’s agents . . . will not be responsible for, and Tenant releases Owner and Owner’s agents from any responsibility for, any loss, liability, claim, expense, damage to property . . . including without limitation any Loss arising from the active or passive acts, omission or negligence of Owner or Owner’s agents.
(3) Tenant has inspected the Premises and the Property and hereby acknowledges and agrees that Owner does not represent or guarantee the safety or security of the Premises or the Property or any of the personal property stored therein, and this Rental Agreement does not create any contractual obligation for Owner to increase or maintain such safety or security.Bayview Loan Servicing, LLC, v. Cross, Case No. 5D18-2797 (Fla. 5DCA 2019).
The standard FNMA mortgage does not permit an award of fees for litigating the amount of fees.
