In Re: Amendments to The Florida Rules Of JudicialAdministration, The Florida Rules Of Civil Procedure,And The Florida Rules Of Criminal Procedure—Standard
Jury Instructions, Case No. SC20-145 (Fla. 2020).
The Florida Supreme Court will no longer approve proposed jury instructions drafted by the three standard jury instruction committees, and instead, each committee shall approve instructions by 2/3 vote.Hock v. Triad Guaranty Insurance Corporation, Case No. 2D16-4008 (Fla. 2d DCA 2020).
A dissolved corporation may nonetheless file suit as part of the “winding up” its affairs; no conflict certified with National Judgment Recovery Agency, Inc. v. Harris, 826 So. 2d 1034 (Fla. 4th DCA 2002) (en banc), and Cygnet Homes, Inc. v. Kaleny Ltd. of Florida, Inc., 681 So. 2d 826 (Fla. 5th DCA 1996).Law v. Law, Case No. 3D18-1177 (Fla. 3d DCA 2020).
A claim for attorney’s fees based on an indemnification contract is different from and does not have to meet the requirements of a prevailing party attorney’s fees claim.Howard and Associates Attorneys at Law, P.A BWCI Pension Trustees Limited, Case No. 4D19-1791 (Fla. 4th DCA 2020).
The rules regulating the professional conduct of attorneys do not create substantive rights, thus Rule 5-1.1(f) does not require a law firm to hold disputed monies in trust for a money manager with which the law firm has a contract dispute.Deutsche Bank National Trust v. Bennett, Case No. 2D18-2020 (Fla. 2d DCA 2020).
Upon rehearing, the Second District reaffirms that a sanctions order that dismisses an action without prejudice does not require trial court findings under Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla. 1993); conflict certified with First and Third District Courts of Appeal.Morroni v. Wilmington Savings Fund Society FSB, Case No. 2D18-2347 (Fla. 2d DCA 2020).
A lender does not prove standing at trial when it relies on an instrument claimed to be an original note but fails to refute expert testimony that the instrument is not an original.4927 Voorhees Road, LLC v. Tesoriero, Case No. 2D18-3668 (Fla. 2d DCA 2020).
An arbitration agreement which contains improper damages and fees provisions is enforceable if the agreement contains appropriate severability provisions; conflict certified with Novosett v. Arc Villages II, LLC, 189 So. 3d 895(Fla. 5th DCA 2016).Super Cars of Miami, LLC v. Webster, Case No. 3D19-0826 (Fla. 3d DCA 2020).
The word “only” in a settlement agreement means “only” and a party that agrees to pay only for repair costs to a rented Lamborghini that was crashed is not liable for loss of rental income from the car.BB Inlet Property, LLC v. N. Stanley Partners, LLC, Case No. 4D18-3765 (Fla. 4th DCA 2020).
Upland property owners have common law littoral rights, including: “(1) theright to have access to the water; (2) the right to reasonably use the water;(3) the right to accretion and reliction; and (4) the right to the unobstructedview of the water,” and if the upland owner complies with the Public Trust Doctrine, to construct a dock over a submerged property owner’s property to access navigable water.World-Class Talent Experience, Inc. v. Giordano, Case No. 4D18-3807 (Fla. 4th DCA 2020).
A Second Stock Purchase Agreement that uses the same consideration that was used for the first Stock Purchase Agreement is unenforceable for lack of consideration.Citizens For Thoughtful Growth – West Palm Beach, Inc. v. The City of West Palm Beach, Case No. 4D19-3316 (Fla. 4th DCA 2020).
Discovery to learn the members of a citizens’ advocacy group, ostensibly to determine whether the group has standing to contest development, is not permitted.Corey v. Unknown Heirsof Neuffer, Case No. 2D19-1083 (Fla. 2d DCA 2020).
A purchaser under an agreement for deed is not an owner for purposes of determining the parties entitled to surplus foreclosure sale funds under Florida Statute section 45.032.Manatee County v. Mandarin Development, Inc., Case No. 2D18-4053 (Fla. 2d DCA 2020).
The statute of limitationsbegins to run on a facial constitutional challenge to an ordinance when the ordinance is adopted.Allen v. Helms, Case No. 1D18-2417 (Fla. 1st DCA 2020).
A bankruptcy trustee has no rights in a debtor’s Proposal for Settlement that was not accepted within thirty days, thus a plaintiff cannot “withdraw” an unaccepted Proposal for Settlement after purchasing it from a bankruptcy trustee.Clerk of the Circuit Court & Comptroller of Collier County v. Doe, Case Nos. 2D19-2368, 2D19-2620 (Fla. 2d DCA 2020).
There is no statutory or common law duty for a Clerk of Court to redact confidential information, and as a result, cannot be held liable in tort for failure to redact.Mace v. M&T Bank, Case No. 2D16-3381 (Fla. 2d DCA 2020).
The “additional evidence” can establish thata default letter was mailed are testimony of a witness or witnesses with personal knowledge ofrelevant facts, evidence that the organization responsible for mailing the letter had a routinepractice with respect to mailing letters such that a court can infer that theroutine practice was followed and the letter was mailed, and a return receipt or a log entry generated upon mailing that evidences a mailing.Jamieson v. Town of Fort Myers Beach Case No. 2D19-238 (Fla. 2d DCA 2020).
A landowner who purchased property with knowledge of a preexisting regulation does not operate as an absolute bar to a takings claim.Doe v. Natt, Case No. 2D19-1383 (Fla. 2d DCA 2020).
An arbitration provision which refers to a set of rules that delegate the issue of arbitrability to the arbitrator does not satisfy the requirement that parties clearly and unmistakably delegate the power to the arbitrator.Gannon Airbnb, Inc., Case No. 4D19-541 (Fla. 4th DCA 2020).
Online property search platforms are not required to collect and remit a county’s tourist development (bed) tax to the county’s tax collector.
