Losch v. Nationstar Mortgage LLC, Case No. 20-10695 (11th Cir. 2021).
A credit reporting agency that is notified of potentially inaccurate information in a consumer’s credit report may not rely merely on verification by the creditor and must conduct a reasonable investigation into the claimed inaccuracy.In Re: Amendments To Florida Rule of Civil Procedure 1.510, Case No. SC20-1490 (Fla. 2021).
The Florida Supreme Court amends Florida Rule of Civil Procedure 1.510 by adopting Federal Rule of Civil Procedure 56in its entirety.Royal Caribbean Cruises, Ltd. v. Spearman, Case No. 3D18-2188 (Fla. 3d DCA 2021).
Although dicta due to the appeal being decided on the basis of the Two Issue Rule, the Third District explains Daubert analysis under Florida Statute section 90.702.Nuñezv. Aviv Air Conditioning, Inc., Case No. 3D21-44 (Fla. 3d DCA 2021).
Statutory attorney’s fees are not awardable under Part I (Non-Residential Tenancies) of the Florida Landlord Tenant Act, Florida Statutes Chapter 83.Marchelos v.Adao, Case No. 4D18-1873 (Fla. 4th DCA 2021).
Interest on a promissory note must be calculated on a simple interest basis unless the note provides otherwise or a default occurs under a default interest rate provision.Margate Community Redevelopment Agency New Urban Communities, LLC, Case No. 4D20-1763 (Fla. 4th DCA 2021).
Decisions on requests for land use plan amendments are discretionary governmental functions thus tort claims against local government based on denial of the request are barred by sovereign immunity.Lake Pointe Trust Corporation v. Coleman, Case No. 4D21-518 (Fla. 4th DCA 2021).
Without proper notice advising that dismissal would be considered at the hearing, the entry of an order of dismissal at a statusconference violates due process.
