In Re: Amendments to The Florida Rules of JudicialAdministration—Parental Leave, Case No. SC18-1554 (Fla. 2019).
New Florida Rule of Judicial Administration 2.570 is adopted providing for, among other things, a presumptive three-month continuance for lead counsel upon the birth or adoption of a child.In Re: Amendments to Florida Rule of Appellate Procedure 9.030, Case No. SC19-2064 (Fla. 2019).
Rule 9.030 is amended to provide for appeals of $15,000 or more from county courts directly to the district courts of appeal.Wiener v. Taylor Morrison Services, Inc., Case No. 1D19-1649 (Fla. 1st DCA 2019).
Arbitration cannot be compelled when the arbitration provision covers structural damage and no such allegations are made in plaintiffs’ complaint.Githler v. Grande, Case No. 2D17-4963 (Fla. 2d DCA 2019) (en banc).
The Second District recedes from its prior precedent and adopts the broad definition of “security” set forth in Landreth Timber Co. v. Landreth, 471 U.S. 681, 686 (1985); conflict certified withRudd v. State, 386 So. 2d1216 (Fla. 5th DCA 1980), and Levine v. I.R.E. Properties, Inc., 344 So. 2d 938 (Fla. 3dDCA 1977).Biza, Corporation v. Galway Bay Mobile Homeowners Association, Inc., No. 3D18-0631 (Fla. 3d DCA 2019).
Actions brought by mobile homeowners’ associations under Florida Rule ofCivil Procedure 1.222 are not subject to the class certification requirements ofFlorida Rule of Civil Procedure 1.220.The Bank of New York Mellon v. Figueroa, Case Nos. 3D18-2318 & 3D18-1649 (Fla. 3d DCA 2019).
Litigants in one foreclosure suit may not request banking information from other banking accounts as Florida Statute sec. 655.059(2)(b) “deems confidential books and records of depositaccounts at any financial institution” which cannot be released without consent.Gulfstream Park Racing Association, Inc. v. MI-V1, Inc., Case No. 4D18-1460 (Fla. 4th DCA 2019).
A guarantor on a lease is liable to the extent of the principal’s obligation, and accordingly, it may be relieved of liability if the principal is found not liable but may not escape liability if summary judgment has already been entered against it.
