McLaurin v. The Terminix International Company, LP, Case No. 20-12904 (11th Cir. 2021).
A court should institute a briefing schedule when presented with a motion to confirm arbitration award before the time to move to vacate an arbitration award has lapsed so that both motions may be considered at the same time.Imhofv. Walton County, Florida, Case Nos. 1D19-0980 and 1D19-1530 (Fla. 1st DCA 2021).
A trial court reviewing a development order under Florida Statute section 163.3215(3) for inconsistency with the statute must review all of claims of inconsistency and not justthose specifically addressed to plan components concerning landuse, density, or intensity of use; conflict certified with Heine v. Lee County, 221 So. 3d1254 (Fla. 2d DCA 2017).Canon v. Ziadie, Case No. 4D21-356 (Fla. 4th DCA 2021).
Even in a liquidated damages case, a seller’s failure to prove entitlement to a good faith deposit in a breach of contract case while the buyer proved entitlement to the deposit makes the buyer the prevailing party for attorney’s fees determination.Handy v. Countertops To Go,LLC d/b/a Volusia Granite And Marble, Case No. 5D21-137 (Fla. 5th DCA 2021).
A trial court should say – as opposed to dismiss – a case when granting a motion to compel arbitration and ordering arbitration.