GE Energy Power Conversion France SAS,Corp. v. OutokumpuStainless USA, LLC, Case No. 18–1048 (2020).
Equitable estoppel principles (such as non-signatories being able to compel arbitration of disputes) can be applied in arbitrations conducted under The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).Isaiah v. JPMorgan Chase Bank, N.A., Case No. 17-15585 (11th Cir. 2020).
Banks are not responsible under the Florida Uniform Fraudulent Transfer Act (“FUFTA”) for routine banking transactions that occurred during a Ponzi scheme.Microf LLC v. Cumbess (In re: Cumbess), Case No. 19-12088 (11th Cir. 2020).
A trustee’s – but not a debtor’s – election to assume a lease elevates an unsecured claim arising out of the lease to an administrative claim.Diageo Dominicana, S.R.L. v. United Brands, S.A., Case Nos. 3D18-1989 & 3D18-620 (Fla. 3d DCA 2020).
A contracting party does not violate the Implied Duty of Good Faith and Fair Dealing by terminating a distribution agreement in order to enter into a distribution agreement with the terminated party’s competitor when the agreement permitted either party to terminate the agreement and additionally contained a waiver of all implied conditions, representations, and warranties implied by statute or common law thatwere not expressly included in the agreement.Hyde v. Irish, Case No. 15-13010 (11th Cir. 2020).
A federal court has jurisdiction to issue sanctions in a case even when it does not have jurisdiction to decide the merits.Furst v. Rebholz, Case No. 2D18-3323 (Fla. 2d DCA 2020).
Homeowners are entitled to the homestead tax reduction on their personal residence even if they rent rooms to tenants.Edwin Taylor Corporation Mortgage Electronic Registration Systems, Inc., Case No. 2D19-1531 (Fla. 2d DCA 2020).
A notice of commencement signed by a contractor (not the owner) is not a legal nullity that invalidates the construction lien based on the notice of commencement.Garcia JPMorgan Chase Bank, National Association, Case No. 3D19-430 (Fla. 3d DCA 2020).
The Florida Constitution’s protection of homesteads from forced levy does not preclude foreclosure of an equitable vendor’s lien as purchase money mortgages are superior to homestead claims.Tamiami Electrical, Inc. Infinity Assurance Insurance Company, Case No. 3D20-533 (Fla. 3d DCA 2020).
A circuit court, sitting in its appellate capacity on first tier certiorari review, has no ability to certify a question of great public importance the district court of appeal.Lugassy v. Lugassy, Case Nos. 4D20-216 and 4D20-546 (Fla. 4th DCA 2020).
A trial court sitting in a corporate deadlock and dissolution action cannot force a dissenting shareholder to sign a loan and personal guarantee for the benefit of the corporation.Liu v. Securities And ExchangeCommission, Case No. 18–1501 (2020).
Equitable relief, including disgorgement, is permissible under the SecuritiesAct of 1933, 15 U. S. C. §77a etseq., so long as it does not exceed a wrongdoer’s net profit.Bowling v. U.S. Bank National Association, Case No. 17-11953 (11th Cir. 2020).
Counterclaim defendants may not remove a civil action to federal court under 28 U.S.C. § 1441(a) or § 1441(c).EGI-VSR, LLC v. Coderch, Case No. 18-12615 (11th Cir. 2020).
Service of a suit to confirm an arbitration award under the Inter-American Convention onLetters Rogatory (“Convention on Letters Rogatory”), Jan. 30, 1975, O.A.S.T.S.No. 43, 1438 U.N.T.S. 288, is accomplished by service under the laws of the host country of the defendant, and accordingly, service on a doorman that is proper under Brazilian law is sufficient to support service in federal court.Russell v. Wells Fargo Bank, N.A., Case No. 1D18-5128 (Fla. 1st DCA 2020).
Raising failure of conditions precedent as an affirmative defense shifts the burden of proof to the defendant even if plaintiff alleged satisfaction of conditions precedent in its complaint.Korkmas v. Onyx Creative Group, Case No. 1D18-5328 (Fla. 1st DCA 2020).
The Florida Consumer Collection Practices Act does not apply to debts arising out commercial transactions.Phillips v. Mitchell’s Lawn Maintenance Corp., Case Nos. 3D19-375 & 3D18-2407 (Fla. 3d DCA 2020).
A trial judge must set forth in writing the Kozel(v. Ostendorf, 629 So. 2d 817 (Fla. 1993)), factors only when entering sanctions as the result of misconduct by counsel, no such requirement applies when the sanctions arise out of misconduct by a party.Aanonsen v. Suarez, Case Nos. 3D18-2466 & 3D19-0612 (Fla. 3d DCA 2020).
Damages arising out of breach of contract aregenerally limited to the pecuniary loss sustained, or those which are the natural andproximate result of the breach, unless there is proof of a separate and independent tort.Dumerlus v. Wilmington Trust National Association, Case No. 3D19-1595 (Fla. 3d DCA 2020).
A trial court’s dispensing with closing arguments in a civilforeclosure case is not a per se due process violation.Allied Tube and Conduit Corporation v. Latitude on the River Condominium Association, Inc., Case Nos. 3D19-2054; 3D19-2053; 3D19-2051; 3D19-2048; 3D19-2046; 3D19-2044 (Fla. 3d DCA 2020).
Florida Rule of Civil Procedure 1.221 permits a class action by a condominium associationfor construction defects located physically within units, rather than in the commonelements, if the defect is prevalent throughout the building.Dawson v. Hernandez, Case No. 4D18-1588 (Fla. 4th DCA 2020).
A trial court can amend a final foreclosure judgment – even after the borrower redeems the property – to include additional attorney’s fees.
