Tsao v. Captiva MVP Restaurant Partners, LLC, Case No. 18-14959 (11th Cir. 2021).
In order to have Article III standing, a claimant with hypothetical harm must be subject to harm which is “certainly impending” or there is a “substantial risk” of such harm, and if not, the claimant cannot impose harm on himself to create standing.Gulfcoast Spine Institute, LLC v. Walker, Case No. 2d19-4220 (Fla. 2d DCA 2021).
A party may not obtain confidential trade secrets and business information of a third party by claiming the prices charged by the third party, which prices are the subject of damages in the main trial, were excessive.Hunter v. Catalano, Case No. 2D19-2981 (Fla. 2d DCA 2021).
The presuit mediation requirements of Florida Statute section720.311(2)(a) apply only to disputes between homeowners and associations and does not apply todisputes between parcel owners or association members.Hendel v. Internet Escrow Services, Inc., Case No. 3D19-2148 (Fla. 3d DCA 2021).
Claims for fraud in theinducement and for declaratory judgment generally do not overcome the mandatory forum selection clause contained inan internet clickwrap agreement.F.H. Paschen v. B&B Site Development, Inc., Case No. 4D19-3839 (Fla. 4th DCA 2021).
The dispute resolution portions of a construction contract, including the provisions that a third party such as an architect has the authority to determine performance under the contract, cannot override the clear terms of the contract.Boca Center At Military, LLC v. City of Boca Raton, Case No. 4D19-2736 (Fla. 4th DCA 2021).
A proposed or speculative land use is not sufficient to bring a property within the dictate of the Bert J. Harris Jr.Private Property Rights Protection Act, Florida Statutessection 70.001.In Re: Amendments To The Florida Rules Of Appellate Procedure—2020 Regular-Cycle Report, Case No. SC20-216 (Fla. 2021).
Substantial changes to the Florida Rules of Appellate Procedure, including a newsubdivision(Public Availability of Written Opinions) that requires courts publish written opinions not covered by Florida Rule ofJudicial Administration 2.420, a requirement that a Notice of Appeal indicate when a motion tolling rendition is pending in the trial court, a change that trial court clerks submit the record on appeal within 60 days, a change that that ordersdisposing of motions for rehearing are not reviewable separate and apart from areview of a final order, changes that notice be provided to the Attorney General in cases wherethe constitutionality of a state statute or constitutional provision is challenged, that an attorney of record for a party in an appeal or original proceeding shall be theattorney of record unless at the time of appearance, the attorney files a noticespecifically limiting the attorney’s appearance only to a particular matter or portion of the proceeding in which the attorney appears, and a new role setting forth limited representation.Dodd Chiropractic Clinic, P.A. v. USAA Casualty Insurance Company, Case No. 1D21-0220 (Fla. 1st DCA 2021).
The amendments to Florida Statute 26.012 took jurisdiction away from circuit courts to hear extraordinary writs as well as appeals.Commissioner Joe Carollo v. Platinum Advisors, LLC, No. 3D20-576 (Fla. 3d DCA 2021).
Unless undertaken in bad faith or with malicious purpose and so long as he does not participate in the process or the vote, an elected official may comment on a land use application of a former client.CFLB Management, LLC v. Diamond Blue International, Inc., Case No. 3D20-1034 (Fla. 3d DCA 2016).
Upon reversal of a merits judgment, Florida Rule of Civil Procedure 1.540(b)(5) provides the trial court with jurisdiction to revisit a fees judgment based on the reversed judgment.Krol v. FCA US, LLC, Case No. SC19-952 (Fla. 2021).
TheFederalTrade Commission’s “single document rule,” promulgated under the MagnusonMoss Warranty Act, does not require the disclosure of a binding arbitration agreement.Salazar v. Gomez, Case No. 3D19-1448 (Fla. 3d DCA 2021).
A claim of fraud upon the court cannot be made upon issues that were argued to and decided adversely by a jury.Valencia PennyMac Holdings, LLC, Case No. 3D20-1727 (Fla. 3d DCA 2021).
Certiorari does not lie from a court order prohibiting a litigant from “disseminating, publishing, distributing, or using the records (written, audio, and visual) of [opposing party’s corporate] representative outside of this litigation” unless petitioner can show irreparable harm.Samara Tenet Florida Physician Services, LLC, Case No. 3D21-0240 (Fla. 3d DCA 2021).
Motions for rehearing are not authorized for non-final orders, and accordingly, do not toll rendition nor the time for filing an appeal.Reynolds v. Behrman Capital IV L.P, Case No. 19-13537 (11th Cir. 2021).
The Doctrine of Derivative Jurisdiction prevents the post-removal use of Bankruptcy Rule 7004(d) to establish personal jurisdiction over the defendants in removed cases in which the state court lacked personal jurisdiction over the defendants.Reynolds v. Behrman Capital IV L.P, Case No. 19-13537 (11th Cir. 2021).
The Doctrine of Derivative Jurisdiction prevents the post-removal use of Bankruptcy Rule 7004(d) to establish personal jurisdiction over the defendants in removed cases in which the state court lacked personal jurisdiction over the defendants.SVI Trust Williams Walk Condominium Association, Inc., Case No. 1D18-3729 (Fla. 1st DCA 2021).
A trial court may not enter summary judgment for foreclosure of an condominium assessment lien when there is disputed testimony as to whether a representative of the condominium association fraudulently induced the owner to purchase the units by misrepresenting that there were no outstanding assessments on the unit.5F, LLC v. Hawthorne, Case No. 2D19-2574 (Fla. 2d DCA 2021).
Riparian owners have a common law right to construct a dock over privately owned submerged land adjacent to their upland property and out to navigable water without the consent of the owner of the submerged land.The School Board of Miami-Dade County, Florida v. The City of Miami Beach, Florida, Case No. 3D20-1128 (Fla. 3d DCA 2021).
A school board is immune under sovereign immunity from being forced to pay municipal stormwater drainage fees.Massey Services, Inc. v. Sanders, Case No. 5D19-3116 (Fla. 5th DCA 2021).
Responding to inquiries from co-workers and his soon to be former employer as to where he was going to be employed does not constitute “solicitation” in violation of Florida Statute section 542.335.
