Rodriguez v. Federal Deposit Insurance Corporation, Case No. 18–1269 (2020).
The Bob Richards Rule (in the absence of an agreement, a refund belongs to thegroup member responsible for the losses that led to it) adopted by federal courts is an improper exercise of federal common law making.JF& LN, LLC v. Royal Oldsmobile-Gmc Trucks Company, Case No. 2D18-523 (Fla. 2d DCA 2020).
A tenant may not exercise an option to purchase if it has failed to timely pay rent under a lease agreement that allows tenant an option to purchase only if tenant is not in default.Residents For A Better Community v. WCICommunities, Inc., Case No. 2D18-1917 (Fla. 2d DCA 2020).
A voluntary dismissal does not always make the non-dismissing party a prevailing party on the question of attorney’s fees; a court may look behind a voluntary dismissal at the facts of thelitigation to determine if a party has truly prevailed.Federal Deposit Insurance Corporation v. Nationwide Equities Corporation, Case No. 3D17-270 (Fla. 3d DCA 2020).
A party seeking to apply equitable tolling to blunt the application of the statute of limitations must itself not have engaged in inequitable conduct.Cohen v. Cohen, Case No. 3D19-583 (Fla. 2d DCA 2020).
A mediated settlement agreement which states the parties will sell real property and pay sales commissions on “any contract” that is submitted that meets the agreement’s requirements applies to parties to the mediation agreement such that one party to the mediation agreement can submit a qualifying offer under the mediation agreement and the other party is required to sell.Clark v. City of Pembroke Pines, Case No. 4D18-3549 (Fla. 4th DCA 2020).
While a government limiting access to a roadway is typically not considered an inverse condemnation, such actions can constitute a compensable taking if there is a physical taking of property through imposition of barriers, the selling of a right of way easement, and substantialloss of access resulting in diminished use and benefit of the property and municipal services.
