Glasser v. Hilton Grand Vacations Company, LLC, Case No. 18-14499 (11th Cir. 2020).
An “automatic telephone dialing system” that does not use random or sequentially generated number or requires human intervention does not violate 47 U.S.C.§ 227(b)(1)(A) of the Telephone Consumer Protection Act.In Re: Amendments To Florida Rules of Appellate Procedure 9.130 And 9.200, Case No. SC18-2011 (Fla. 2020).
Subdivision (a)(3)(C)(x) is added to Rule 9.130 to permit appealable nonfinal order for permanent guardianships for dependentchildren pursuant to Florida Statutessection 39.6221, and Rule 9.200 is amended to allow parties to obtain unredacted records on appeal without first having to obtain a courtorder from the district court.Jones v. U.S. Bank Trust, N.A., Case No. 2D18-2106 (Fla. 2d DCA 2020).
The court discusses the split in the districts over whether “no standing” means no fees, and further holds a mortgage is not a “stand-alone contract” and is only a lien on real property.Taneja v. Saraiya, Case No. 2D18-294 (Fla. 2d DCA 2020).
A trial court, in its discretion, may allow or not allow discovery of a Special Litigation Committee appointed under FloridaStatutes section605.0804 of the Florida Limited Liability Act.Yam Export & Import LLC v. Nicaragua Tobacco Imports, Inc.,Case No. 3D19-1083 (Fla. 3d DCA 2020).
The issue of whether a party has waived the right to arbitrate because of failure to make payments under the contract containing the arbitration agreement is itself an arbitrable issue to be determined by the arbitration panel,Esslinger-Wooten-Maxwell, Inc. v. Lones Family Limited Partnership,Case Nos. 3D19-49, 3D19-135 (Fla. 3d DCA 2020).
A sale that occurred six years after the termination of the contractual one year “protection period” of a listing agreement is not subject to the equitable procuring cause doctrine for awarding of a sales commissionAguilo v. American Sales and Management Organization LLC, Case No. 3D19-142 (Fla. 3d DCA 2020).
A motion to tax costs is not fatally defective for its failure, without more, to cite to Florida Rule of Civil Procedure 1.420(d).Executive Director, in his official capacity only, of The Citizens’Independent Transportation Trust of Miami-Dade County v. Schwiep,Case No. 3D19-1769 (Fla. 3d DCA 2020).
An administrative petition is not, for purposes of an ordinance prohibiting members of a commission filing lawsuits against a county, a “lawsuit” that requires removal from the commission.Frantz v. EM Paving Corp., Case No. 5D19-379 (Fla. 5th DCA 2020).
A party that has obtained both a construction lien foreclosure judgment and a money judgment cannot execute on its money judgment if it obtained a foreclosure judgment; it must instead seek a deficiency judgment under the foreclosure judgment.
