Securities and Exchange Commission v. Quiros, Case No. 19-11409 (11th Cir. 2020).
A bar order arising out of a settlement agreement must be essential to the settlement as well as fair and equitableand cannot be entered if the parties would have settled even without the bar order.Regions Bankv. Big Bend Investments Group of Florida, LLC, Case No. 2D19-2530 (Fla. 2d DCA 2020).
Neither insufficient (as opposed to none) notice of a hearing nor failure of a prior court to deal with all affirmative defenses make a prior judgment void under a Florida Rule of Civil Procedure 1.540 motion.Shoma Coral Gables, LLC v. Gables Investment Holdings, LLC, Case Nos. 3D18-1655 & 3D18-1654 (Fla. 3d DCA 2020).
“Good faith” and “reasonable belief” can qualify contractual duties under Delaware law.The Arbitrage Fund v. Petty, Case No. 3D19-797 (Fla. 3d DCA 2020).
A shareholder suffers direct injury under Dinuro Investments, LLC v. Camacho, 141So. 3d 731 (Fla. 3d DCA 2014), and may bring a direct (not derivative) action if the board of directors accepts a lower price for sale of the company than a competing offer.GVK International Business Group, Inc. v. Levkovitz, Case No. 3D19-1119 (Fla. 3d DCA 2020).
In the absence of fraud or a fiduciary relationship, a party’s nondisclosure of material facts in an arm’s length transaction is not actionable.Nader + Museu I, LLLP v. Miami Dade College, Case No. 3D19-1427 (Fla. 3d DCA 2020).
A Notice of Voluntary Dismissal is insufficient to dismiss a case where property has been seized or is in the custody of the court, and thus a Motion for Attorney’s Fees is timely under Florida Rule of Civil Procedure 1.525 if it is filed within thirty days of the court ruling on a construction bond held in the court registry but not within thirty days of the filing of the Notice of Voluntary Dismissal.City of Miami Beach, Florida v. Nichols, Case No. 3D19-1954 (Fla. 3d DCA 2020).
A municipality may not levy fines in excess of those set forth in the LocalGovernment Code Enforcement Boards Act, Florida Statute sections 162.01-.13, despite having an alternate code enforcement system pursuant to Florida Statute section 162.03.Broward County, Florida v. CH2M Hill, Inc., Case No. 4D18-3401 (Fla. 4th DCA 2020).
Despite its language stating it applies to “negligence actions,” apportionment of damages under Florida Statute section 768.71 may apply to contract actions.UOWEIT, LLC v. Fleming, Case No. 4D19-270 (Fla. 4th DCA 2020).
The Fraudulent Conveyance Act, Florida Statutes Chapter 726m governs the timeliness of a fraudulent conveyance claim brought under Florida Statutes section 56.29(9).Cornerstone 417, LLCv. Cornerstone Condominium Association, Inc., Case No. 5D19-1621 (Fla. 5th DCA 2020).
A unit owner contesting a plan of termination must first seek nonbinding arbitration despite alleging claims for unjust enrichment, breach of fiduciary duty, and declaratory judgment, i.e., claims arguably outside the scope of arbitration.
