Muranskyv. Godiva Chocolatier, Inc., Case Nos. 16-16486 & 16-16783 (11th Cir. 2020) (en banc).
Parties cannot stipulate that a federal court has jurisdiction and the requirement of Spokeo, Inc. v. Robins, 136 S. Ct.1540 (2016), that a plaintiff must plead (and later support) aninjury that is concrete, particularized, and actual or imminent(not just conjectural or hypothetical) applies to statutory claims that set forth damages for a statutory violation, including claims under the Fair and Accurate Credit Transactions Act, Pub. L. No. 108-159, 117 Stat. 1952 (2003).In Re: Amendments to the Florida Rules of Appellate Procedure—2020 Fast-Track Report, Case No. SC20-1374 (Fla. 2020).
The Florida Rules of Appellate Procedure are amended to incorporate the change of county court appeals proceeding directly to district courts of appeal.Abu-Khadierv. City of Fort Myers, Case No. 2D18-3068 (Fla. 2d DCA 2020).
Government can order the closing of a business, i.e., conduct a temporary taking, but is liable for the taking unless the government can identify background principles of nuisance and property law – such as extensive drug and criminal activity at the business – that support the order of closure and taking.Kuhnsman v. Wells Fargo Bank, N.A., Case No. 2D19-681 (Fla. 2d DCA 2020).
The “face to face” meeting required under HUD, 24 C.F.R.§ 203.604(b) (2016), is subject to a substantial performance standard.Forty One Yellow, LLCv. Escalona, Case No. 2D18-3730 (Fla. 2d DCA 2020).
Failure to re-establish a lost promissory note is not a bar under res judicata or collateral estoppel to a later foreclosure suit as the focus is whether the foreclosure action, not the promissory note, is barred by the doctrines.
