Pena v. Rincon, Case Nos. 3D19-2225, and 3D19-2308 (Fla. 3d DCA 2021).
A handwritten agreement between non-lawyer business partners is effective and the commercial properties owned by the partnership may be partitioned.BREA 3-2 LLC v. Hagshama Florida 8 Sarasota, LLC, Case Nos. 3D20-1154, and 3D20-1197 (Fla. 3d DCA 2021).
An agreement to arbitrate any disputes “under the Agreement” is a narrow arbitration provision and does not encompass indirect claims such, as in this case, usury, declaratory relief, and injunctive relief.Carus v. VRMTG Asset Trust, Case No. 3D20-1355 (Fla. 3d DCA 2021).
A trial conducted over electronic means is acceptable under the circumstances as due process is flexible and calls for as much procedural protections as the situation demands.Associated Energy Group, LLC v. Costa, Case No. 3D20-1633 (Fla. 3d DCA 2021).
The two dismissal rule applies only to dismissal of an entire action or controversy as to all defendants; it does not apply to a dismissal of any claim or cause of action against one or more, but less than all, of the defendants named in the complaint, and accordingly, does not apply to guarantors who were dismissed twice when the action remained pending after the second dismissal of the guarantors.Little Brownie Properties, Inc. v. Wood,Case No. 5D20-2409 (Fla. 5th DCA 2021).
The requirement imposed on a garnishor by Florida Statute section 77.041(2) (2020) to serve notices upon the defendant within 5 business days after the writ is issued or 3 business days after the writ is served on the garnishee is mandatory, and failure to comply results in the dismissal of the garnishment even if the defendant was not prejudiced by the failure to timely serve.
