City of Chicago v. Fulton, Case No. 19–357 (2021).
The mere retention of estate property after the filing of a bankruptcy petition does not violate the automatic stay under 11 U.S.C. §362(a)(3) of the Bankruptcy Code.Ham v. Portfolio Recovery Associates, LLC,Case No. SC18-2143 (Fla. 2020).
An action for account stated is an action on a contract and the prevailing party in the action can claim attorney’s fees under the prevailing party provisions of Florida Statute section 57.105(7).Page v. Deutsche Bank Trust Company Americas, Case No. SC19-1137 (Fla. 2020).
A borrower who prevails in a foreclosureaction in which the plaintiff bank establishes standing to enforce a note andmortgage at the time of trial (but not at the time of filing suit)is entitled to an award of attorney’s fees under the prevailing party provisions of Florida Statute section 57.105(7).In Re: Amendments to Florida Rule of Civil Procedure 1.510, Case No. SC20-1490 (Fla. 2020).
Florida adopts the federal Celotex Corp. v. Catrett, 477 U.S. 317 (1986), standard for motions for summary judgment effective May 2, 2021.In Re: Amendments to The Florida Rules of Judicial Administration—2020 Regular-Cycle Report, Case No. SC20-165 (Fla. 2021).
Substantial changes to the Florida Rules of Judicial Administration, including renaming the body of rules to “Florida Rules of General Practice and JudicialAdministration” to reflect the rules apply to attorneys as well as judges, as well as details on disqualification of judges, and rules on appearance and termination of attorneys in litigated matters.In Re: Amendments To Florida Rule of JudicialAdministration 2.420,Case No. SC20-1765 (Fla. 2021).
Clerks of court are no longer required to identify and designate confidential information in certain cases.Citizens Property Insurance Corporation v. Manor House, LLC, Case No. SC19-1394 (Fla. 2021).
Consequential damages such as lost rent are typically not covered by insurance policies and are reached through a bad faith action under Florida Statute section 624.155.The Pantry, Inc. v. Mijax Manager, LLC, Case No. 5D20-612 (Fla. 5th DCA 2020).
A recorded document provides constructive notice to support a restrictive covenant notwithstanding the instrument calls for an acknowledgement but instead provides an oath and affirmation.Black Knight ServicingTechnologies, LLCPennyMac Loan Services,LLC, Case No. 1D20-1492 (Fla. 1st DCA 2021).
The filing of a separate lawsuit raising separate claims against aseparate entity does not establish an evidentiary basis of a party’s intent to relinquish the right to arbitration.Gleman v. MWH Americas, Inc., Case Nos. 4D19-2280 and 4D19-2923 (Fla. 4th DCA 2021).
A Motion to Dismiss for Fraud on the Court due to inconsistent statements in an earlier suit bears a higher burden than a Motion to Strike Sham Pleading, and the fraud must be demonstrated through a “‘clear showing of fraud,pretense, collusion, or similar wrongdoing.”Nunes v. Herschman, Case No. 4D19-2798 (Fla. 4th DCA 2021).
A deposition is not a “judicial proceeding” under Florida Statute section 92.57, (“[a] person who testifies in a judicial proceeding in response toa subpoena may not be dismissed from employment because of the natureof the person’s testimony . . . .”) and thus an employee may be dismissed for testimony arising out of the deposition.Oakmont Custom Homes, LLC v. Billings, Case No. 4D20-1263 (Fla. 4th DCA 2021).
The transfer of home warranties as part of a sales transaction by a seller to a purchaser does not equal agreement by the purchaser to the arbitration provision contained in the home warranty.Jacocksv. Capital Commercial Real Estate Group, Case No. 4D20-1512 (Fla. 4th DCA 2021).
A third-party beneficiary who does not sign a contract which contains an arbitration agreement may be bound to the arbitration agreement but only if he is suing to enforce the contract which contains the arbitration agreement.Ramos v. Mississippi Real Estate Dispositions, LLC, Case No. 3D19-2513 (Fla. 3d DCA 2021).
Despite the equitable powers granted to judgment creditors by Florida Statute section 56.29(6), a judgment creditor executing a judgment on a judgment debtor’s interest in a multi-member limited liability is constrained by Florida Statute section 605.0503 and may only levy a charging lien.National Medical Imaging, LLC v. Lyon Financial Services, Inc., Case No. 3D20-730(Fla. 3d DCA 2021) (en banc).
The Third District recedes from Shop in the Grove, Ltd. v. Union Federal Savings & Loan Ass’n of Miami, 425 So. 2d 1138(Fla. 3d DCA 1982), and holds that the automatic stay under 11 U.S.C. 362 applies even when the bankruptcy debtor is the appellant.The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida v. Waterfront ICW Properties, LLC, Case No. 4D19-3240 (Fla. 4th DCA 2021).
Man-made canals that were not in existence on March 3, 1845 are not “navigable waters” and thus not sovereign lands of the state of Florida.Pash v. Mahogany Way Homeowners Association, Inc., Case No. 4D19-3367 (Fla. 4th DCA 2021).
A homeowners’ association lien filed under Florida Statute section 720.3085 may be amended.Aquarius Condominium Association, Inc. v. Goldberg, Case No. 4D19-3403 (Fla. 4th DCA 2021).
Failure to comply with the requirement for non-binding arbitration of those condominium disputes set forth in Florida Statute section 718.1255 does not deprive the trial court of jurisdiction but is a condition precedent to filing suit.Reconcov. Integon National Insurance Company, Case No. 4D20-887 (Fla. 4th DCA 2021).
A homeowner who has insurance force-placed on her home is not a third-party beneficiary of the force-placed insurance policy.Buechelv. Shim, Case No. 5D19-3716 (Fla. 5th DCA 2021).
A court proceeding under Florida Statute section 56.29 may compel a party over whom it has in personam jurisdiction to “act on property that is outsideof the court’s jurisdiction.
