Reynolds v. ServisFirst Bank (In Re: Stanford), Case No. 20-11652 (11th Cir. 2021).
Unless a section 363 sale or lease was stayed pending appeal, the reversal or modification on appeal of the authorization under 11 U.S.C. § 363(m) does not affect the validity of a sale or lease to an entity that purchased or leased such property in good faith; whether the transferee knew or did not know of the appeal is irrelevant to application of statutory mootness under the statute.First Fidelity Trust Services, Inc. Shelter Cove Condominium Association, Inc., Case No. 1D20-1426 (Fla. 1st DCA 2021).
An attorney who represents a condominium association as receiver is precluded under Rule of Professional Conduct 4-1.9 from later representing a unit owner in the same condominium.AmeriGas Propane, Inc. v. Sanchez, Case No. 3D20-1447 (Fla. 3d DCA 2021).
An employee soliciting customers of his former employer while at his new employer establishes substantial likelihood of success on the merits for injunctive relief when the employee’s former restrictive covenant prohibited the employee from directly or indirectly soliciting business from former customers.Ehlert v. Castro, Case No. 4D20-2007 (Fla. 4th DCA 2021).
A Proposal for Settlement which offers to settle the lawsuit based on the allegations raised in the lawsuit is not void for vagueness and is accordingly enforceable.Dewees v. Johnson, Case No. 4D21-446 (Fla. 4th DCA 2021).
Even under a broad arbitration provision, a claim for personal injury damages need not be arbitrated when the claim has no nexus to the contract which contains the arbitration provision.Crescent Shore Condominium Association, Inc. v. Lani Kai, L.P., Case No. 2D21-234 (Fla. 2d DCA 2021).
A claim for violation of an easement is not barred by res judicata when the new claim of violation is different than the previous violation sued upon.12550 Biscayne Condominium Association, Inc. v. NRD Investments, LLC, Case Nos. 3D19-1893, 3D20-752, and 3D20-292 (Fla 3d DCA 2021).
Residential owners of a mixed use condominium cannot avoid application of a Reciprocal Easement Agreement between the residential and commercial owners based on oppression and unconscionability or Florida Statute section 718.302.2275 NE 120 Street, LLC v. Sanchez Struve Business Advisors, LLC, Case No. 3D20-1277 (Fla. 3d DCA 2021).
A mortgagor that fails to exercise its right of redemption within the time period set forth by Florida Statute section 45.0315 cannot later claim that the statutory redemption amount was incorrect as the result of not including previous amounts paid on the judgment.Roche v. Cyrulnik, Case No. 3D21-1741 (Fla. 3d DCA 2021).
Extraordinary circumstances are required to avoid that general rule of comity that a later filed state court action should defer to a previously filed federal action.
