Dear v. Q Club Hotel, LLC, Case No. 17-13127 (11th Cir. 2019).
The following language in a condominium declaration limits the ability to back-charge “at any time” to a period of a year and prevents the operator of a condominium hotel from back-charging for common expenses due for previous years:
“[t]he original charge for any year shall be levied for the calendar year (to bereconsidered and amended, if necessaryat anyappropriate time during the year[].”Luxottica Group, S.p.A. v. Airport Mini Mall, LLC, No. 18-10157 (11th Cir. 2019).
Landlords may be contributorily liable for trademark infringement under§ 32 of the Lanham Act, 15 U.S.C. § 1114, when the landlord has knowledge ofspecific acts of direct infringement.Abdov. Abdo, Case Nos. 2D18-2270, 2D18-2764 (Fla. 2d DCA 2019).
A constructive trust may be imposed in suits claiming derivative action and breach of fiduciary duty claims.Schwob v. Goss, Case No. 2D18-4480 (Fla. 2d DCA 2019).
A circuit court has no jurisdiction to rule that a private utility has a Constitutional right to discontinue water and sewer service as utility service is exclusively regulated by the Florida Public Service Commission.Young Land USA, Inc. v. Credo LLC, Case No. 3D18-2146 (Fla. 3d DCA 2019).
A sheriff’s execution sale eliminates the interest of inferior clams which were recorded after the judgment that served as the basis for the execution.Greene v. Johnson, Case No. 3D18-2547 (Fla. 3d DCA 2019).
Equitable estoppel permits non-signatories to a contract to compel arbitration of claims brought by asignatoryif the signatory raisesallegations of concerted misconduct by both the non-signatory and one or more ofthe signatories to the contract, but equitable estoppel on the basis of intertwined claims, however, applies only when a signatory raises allegations ofsubstantially interdependent and concerted misconduct by both a non-signatory andone or more of the signatories to the agreement.Dear v. Q Club Hotel, LLC, Case No. 17-13127 (11th Cir. 2019).
The following language in a condominium declaration limits the ability to back-charge “at any time” to a period of a year and prevents the operator of a condominium hotel from back-charging for common expenses due for previous years:
“[t]he original charge for any year shall be levied for the calendar year (to bereconsidered and amended, if necessaryat anyappropriate time during the year[].”Luxottica Group, S.p.A. v. Airport Mini Mall, LLC, No. 18-10157 (11th Cir. 2019).
Landlords may be contributorily liable for trademark infringement under § 32 of the Lanham Act, 15 U.S.C. § 1114, when the landlord has knowledge ofspecific acts of direct infringement.Abdov. Abdo, Case Nos. 2D18-2270, 2D18-2764 (Fla. 2d DCA 2019).
A constructive trust may be imposed in suits claiming derivative action and breach of fiduciary duty claims.Schwob v. Goss, Case No. 2D18-4480 (Fla. 2d DCA 2019).
A circuit court has no jurisdiction to rule that a private utility has a Constitutional right to discontinue water and sewer service as utility service is exclusively regulated by the Florida Public Service Commission.Young Land USA, Inc. v. Credo LLC, Case No. 3D18-2146 (Fla. 3d DCA 2019).
A sheriff’s execution sale eliminates the interest of inferior clams which were recorded after the judgment that served as the basis for the execution.Greene v. Johnson, Case No. 3D18-2547 (Fla. 3d DCA 2019).
Equitable estoppel permits non-signatories to a contract to compel arbitration of claims brought by asignatory if the signatory raisesallegations of concerted misconduct by both the non-signatory and one or more ofthe signatories to the contract, but equitable estoppel on the basis of intertwined claims, however, applies only when a signatory raises allegations ofsubstantially interdependent and concerted misconduct by both a non-signatory andone or more of the signatories to the agreement.
