Fisher v. PNC Bank, N.A., Case No. 20-10110 (11th Cir. 2021).
A federal court is not limited by the Probate Exception and may exercise jurisdiction over a case brought by or involving an estate so long as doing so does not involve probating a will, administering the estate, or disposing of the estate’s property.Calderon v. Sixt Rent A Car, LLC, Case No. 20-10989 (11th Cir. 2021).
An arbitration clause which encompasses the arbitration of “claims” regarding “any services or products provided” requires arbitration only of the claims with the direct contracting party and not services affiliated with the contracting party.Harris v. Jayo (In re: Harris), Case No. 19-11286 (11th Cir. 2021).
A state court default judgment must detail the factual background for the claims in the judgment in order to be given collateral estoppel effect in a § 523(a)(2)(A) proceeding.Gartner v. Reverse Mortgage Solutions, Inc., Case No. 1D20-772 (Fla. 1st DCA 2021).
The First District follows Castellanos v. Reverse Mortgage Funding LLC, Case No. 3D20-472, 2021 WL 1897069 (Fla. 3d DCA May12, 2021), and holds that the reciprocity provisions of Florida Statute section 57.105(7) apply even when the loan is non-recourse.SG 2901, LLC v. Complimenti, Inc., CaseNo. 3D19-2131 (Fla. 3d DCA 2021).
The agent of an owner may recover fees for acting as the agent for construction work so long as a contractor licensed under Florida Statute section 489.105(3) performs the work set forth in the statute.Petkovich v. Sandy Point Condominium Apartments Association, Inc., Case No. 3D20-1775 (Fla. 3d DCA 2021).
Claims regarding the circumstances surrounding the execution – but not the contents – of documents in a title record are not claims founded on a duly recorded instrument under Florida Statute section 48.23.UN2JC Air 1, LLC v. Whittington, Case No. 4D20-1449 (Fla. 4th DCA 2021).
There is no need to conduct Independent Tort Doctrine analysis when the plaintiff is not a party to the contract.Suarez v. The Bank of New York Mellon Trust Co., Case No. 2D20-1850 (Fla. 2d DCA 2021).
Failure to plead a demand for attorney’s fees in a motion to dismiss negates the right to fees if the motion is granted, and continuing to seek fees under such circumstances will give the party whose complaint was dismissed the right to seek fees under Florida Statute section 57.105(7).Golden Cape of Florida, Inc. v. Perez de Ospina,No. 3D21-0332 (Fla. 3d DCA 2021).
A county court does not have jurisdiction to adjudicate a claim for ejectment, even if the only action taken is to dismiss the case.Bach v. Vlad Igor Investments, Inc., Case No. 4D20-1857 (Fla. 4th DCA 2021).
The Fourth District re-affirms its holding in Corporate Creations Enterprises LLC v. Brian R. FonsAttorney at Law P.C., 225 So. 3d 296 (Fla. 4th DCA 2017), and holds that Florida Statute sections 685.101 and 685.102 provide independent bases for long-arm jurisdiction so long as Constitutional requirements are met.Athene Annuity & Life Assurance Company v. Teavana Holdings, Case No. 5D20-1848 (Fla. 5th DCA 2021).
A party may not use Florida Rule of Civil Procedure 1.540 to re-litigate issues previously decided under Rule 1.530.Lee v. 1510 N.E. 109 St., LLC, Case No. 3D21-265 (Fla. 3d DCA 2021).
A tenant that seeks to interpose a COVID-19 related defense to eviction must still comply with Florida Statute section 83.60(2) and deposit rent into the Registry of the Court.Community/Condotte/De Moya JV v. Circuit Court Judge, Case No. 3D21-1178 (Fla. 3d DCA 2021).
A circuit court judge has no discretion under Florida Statute section 44.104 to deny a stipulated Motion to Appoint Trial Resolution Judge.St. Louis Condominium Association, Inc. v Rockhill Insurance Company, Case No. 19-12716 (11th Cir. 2021).
The failure to provide not one date for the deposition of a party’s expert witness before discovery cutoff supports a magistrate judge’s decision to exclude the witness.Gulf Coast Solar Center I, LLC v. Busbee, Case No. 1D20-1439 (Fla. 1st DCA 2021).
A business located on federal property is not exempt from Florida personal property taxation simply because of the Federal Enclave Exemption to taxation.City of St. Petersburg v. Dorchester Holdings, LLC, Case No. 2D20-463 (Fla. 2d DCA 2021).
A government responding to a records request under the Public Records Act must determine whether therequested records exist, locate the records, and review each record to determine if it is exempt from production, including attorney-client and work product, and the clerk of the government agency may charge a special service charge to cover investigative costs inaddition to the costs of duplication, which special service fee must be paid in advance.Powers v. Whitcraft, Case No. 4D21-194 (Fla. 4th DCA 2021).
A sublessor is bound by the Florida Landlord-Tenant Act, Florida Statutes Chapter 83.The Board of County Commissioners, Santa Rosa County, Florida v. Home Builders Association of West Florida, Inc., Case No. 1D20-2227 (Fla. 1st DCA 2021).
Impact fees imposed without utilizing the “most recent and localized data” violates the Florida Impact Fee Act, Florida Statute section 163.31801(3)(a).Mojito Splash, LLC v. City of Holmes Beach, Florida, Case No. 2D20-651 (Fla. 2d DCA 2021).
A landowner has no claim under the Bert J. Harris, Jr., Private Property Rights Protection Act, Florida Statute sections 70.001-.80, if the landowner purchased the property with constructive knowledge of zoning ordinance and comprehensive plan provisions which disallowed the use for which the landowner seeks compensation under the Act.Steven Enterprises Group Inc. v. Diversified Aero Inventory I, LLC, Case No. 3D20-487 (Fla. 3d DCA 2021).
An evidentiary hearing on a motion to enforce a settlement agreement due to default in payment is not necessary when it is clear the payments were not made.Vista Financial Group, LLC v. The Bank of New York Mellon, Case No. 3D20-602 (Fla. 3d DCA 2021).
A purchaser at foreclosure sale is not “affiliated with the lender” merely because of the purchase at foreclosure sale and thus is entitled to protections of Florida Statute section 702.036.CRSJ, Inc. v. Miami-Dade County, Case No. 3D20-1693 (Fla. 3d DCA 2021).
Injunction to stop a home-rule county from considering a legislative proposal (such as annexation) is not proper.
