In Re: Amendments To Florida Rule Of JudicialAdministration 2.205, Case No. SC20-346 (Fla. 2020).
The Chief Justice of the Florida Supreme Court is givenadditional powers in a public health emergency, including the power:
. . . to suspend, extend, toll, or otherwise change time deadlines orstandards, including, without limitation, those affecting speedy trialprocedures in criminal and juvenile proceedings; suspend theapplication of or modify other requirements or limitations imposed byrules of procedure, court orders, and opinions, including, without limitation . . .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.Morroniv. 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.Waveblast Watersports II Inc v. UH-Pompano, LLC, Case No. 4D18-3180 (Fla. 4th DCA 2020).
A lease which contains the following provision is not a lease for a term of years and is thus terminable at will: “Term: this lease shall be enforced commencing onSeptember 18, 2007 and terminating on the demolition of theproperty.”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.Bank of America, N.A. v. Green Emerald Homes, LLC, Case No. 5D18-801 (Fla. 5th DCA 2020).
A lender, by naming a defendant in a mortgage foreclosure suit, gives notice that the plaintiff is asserting an interest superior to the defendants even if the complaint fails to plead a superior interest.
