Shipleyv. Helping Hands Therapy, CaseNo. 19-13812 (11th Cir. 2021).
A district court may not remand a case based on a procedural defectin removal when the motion to remand is untimely.Quinn v. CCRC OPCO Freedom Square LLC, Case No. 2D20-2305 (Fla. 2d DCA 2021).
Certiorari relief is not available regarding the selection of an arbitrator because the defect in selection, if any, can be remedied on plenary appeal.Mishpaja Shajine, Inc. v. Granada Insurance Company, Case No. 3D20-956 (Fla. 3d DCA 2021).
A party has a liberal right to amend its answer and affirmative defenses, including at a hearing for summary judgment, unless the party seeking to amend hasabused the privilege to amend, the opposing party would be prejudicedby the amendment, orthe amendment would be futile.Bondar v. Town of Jupiter Inlet Colony, Case No. 4D19-2118 (Fla. 4th DCA 2021).
Property owners prevented from renting their home on a short-term basis by a municipality do not have a substantive due process claim because the right to rentproperties to othersis not a fundamental right and likewise do not have an equal protection claim unless themunicipality acted with a discriminatorypurpose.Wells Fargo Bank, N.A. v. Tan, Case No. 4D20-613 (Fla. 4th DCA 2021).
Florida Statute section 702.036 (courtsare prevented, under certain circumstances,from granting relief which “adversely affects the quality and character of title”) applies even if the underlying judgmentis void.
