The Brody Irrevocable Grantor Trust No. 2 v. Brody, Case No. 2D20-215 (Fla. 2d DCA 2021).
Accord and satisfaction requires a superseding agreement to acceptreduced payment in complete settlement of a dispute, i.e., there must be a dispute as to the amount owed at the time of the reduced payment and a new agreement to accept less than amount originally owed.Wilmington Savings Fund Society FSB v. Morroni, Case No. 2D20-3085 (Fla. 2d DCA 2021).
An appellate court’s opinion that a lender failed to prove standing under loan instruments borrower contended were forgedis not tantamount to a finding the loan instruments were forged, and accordingly, there is no harm returning the loan instruments to the lender.Mortellaro v. Caribe Health Center, Inc.,Case No. 2D19-4473 (Fla. 2d DCA 2021).
Failure to make payments when due under a settlement agreement is a material breach of the agreement even if late payments had been accepted in the past.1560-1568 Drexel Avenue, LLCv. Dalton, Case Nos. 3D21-190 & 3D21-1115 (Fla. 3d DCA 2021).
Upon termination of COVID-19 restrictions, a tenant is required to comply with Florida Statute section 83.60(2) and immediately deposit rent into the court registry.Rappaport v. Scherr,Case Nos. 3D19-886 and 3D20-502 (Fla. 3d DCA 2021).
A demand under Florida Statute section 607.07401(2)must be made before filing a derivative suit, Florida law has changed and there is no longer a futility exception to the requirement of a demand.Hagstrom v. Co.Fe.Me. v. USA Marine Exhaust, LLC, Case No. 3D20-1075 (Fla. 3d DCA 2021).
A non-signatory LLC to an arbitration agreement may enforce the arbitration agreement.Five Solas, LLC v. Ram Realty Services, LLC, Case No. 4D19-2211 (Fla. 4th DCA 2021).
Unless the corporate veil is pierced, there is no double recovery if a landlord and tenant are owned by the same person and are awarded damages for a tort caused by a third party.Eglise Baptiste Bethanie de Ft. Lauderdale, Inc. v. Bank of America, N.A., Case No. 4D20-1703 (Fla. 4th DCA 2021).
The Ecclesiastical Abstention Doctrine bars a church barred from claiming that a person wrongfully obtained bank accounts and bank funds of the church.
