Gold-Fogel v. Fogel, Case No. 20-14310 (11th Cir. 2021).
The Colorado River Doctrine (federal courts have discretion to not accept federal litigation when it is identical to state court litigation) is not to be applied mechanically and a non-exclusive list of factors the federal court may review include:
(1) the strength of the state’s interest in having the issues raised in the federal declaratory action decided in the state courts;(2) whether the judgment in the federal declaratory action would settle the controversy;(3) whether the federal declaratory action would serve a useful purpose in clarifying the legal relations at issue;(4) whether the declaratory remedy is being used merely for the purpose of “procedural fencing”—that is, to provide an arena for a race for res judicata or to achieve a federal hearing in a case otherwise not re-movable; (5) whether the use of a declaratory action would in-crease the friction between our federal and state courts and improperly encroach on state jurisdiction;(6) whether there is an alternative remedy that is better or more effective;(7) whether the underlying factual issues are important to an informed resolution of the case;(8) whether the state trial court is in a better position to evaluate those factual issues than is the federal court; and(9) whether there is a close nexus between the under-lying factual and legal issues and state law and/or public policy, or whether federal common or statutory law dictates a resolution of the declaratory judgment action.In Re: Amendment To Rules Regulating The Florida Bar–Rule 3-7.18, Case No. SC21-653 (Fla. 2021).
The Board of Governors of the Florida Bar may review allegations of misconduct referred by members of the judiciary that do not result in finding of probable cause or filing of a formal complaint.Bayview Loan Servicing, LLC v. Brown, Case No. 2D20-1824 (Fla. 2d DCA 2021).
A trial court may not take judicial notice of matters outside the pleading when ruling on a motion to dismiss absent extraordinary circumstances.Capital Wealth Advisors, LLC v. Capital Wealth Advisors, Inc., Case No. 2D20-2446 (Fla. 2d DC 2021).
A commission sharing agreement is not an unlawful restraint of trade which violates Florida Statute section 542.335.Berggren v. North Miami Bagels, Inc., Case No. 3D19-2491 (Fla. 3d DCA 2021).
Florida Rule of General Practice and Judicial Administration 2.516(b)(2)requires service on unrepresented parties be made by “mailing [adocument] to the party . . . at their last known address” and is “completeupon mailing”; Rule 2.516 does not require a party to include a certificate ofservice when mailing a document to an unrepresented party.James B. Pirtle Construction, Co., Inc. v. Warren Henry Automobiles, Inc., Case No. 3D21-830 (Fla. 3d DCA 2021).
At common law, a leasehold interest was considered a type of personal property, not realty and a lienholder contracting with a tenant can only lien the leasehold and not the real property.Friedman v. Deutsche Bank National Trust Company,Case No. 5D20-1068 (Fla. 5th DCA 2021).
Failure to introduce evidence in support of a claim, including a claim for attorney’s fees, requires reversal without the opportunity to re-submit evidence on the issue.
