Dabas v. Boston Investors Group, Inc., No. 3D16-2672 (Fla. 3d DCA 2017).
The difference between void and voidable is important for purposes of Florida Rule of Civil Procedure 1.540(b)(4); a judgment is void only if the trial court lacked subject matter jurisdiction, the trial court lacked personal jurisdiction over the person, or the trial court permitted a violation of the due process guarantee of notice and opportunity to be heard.
National Collegiate Student Loan Trust 2007-1 v. Lipari, Case No. 5D16-156 (Fla. 5th DCA 2017).
The giving of notice of assignment under Florida Statute section 559.715 is not a condition precedent to filing suit for collection of a student loan when the assignee takes all rights in the consumer debt.
Provitola v. Comer, Case No. 5D16-3027 (Fla. 5th DCA 2017).
The obstruction of a public street is a public nuisance and individuals cannot maintain an action for the obstruction unless they have suffered a special injury.
FF Cosmetics FL, Inc. v. City of Miami Beach, Case Nos. 15-14394 & 15-15256 (11th Cir. 2017).
The commercial First Amendment rights of retailers to distribute handbills and solicit business on public sidewalks outweighs the interests of municipality in aesthetics and order.
Schweitzer v. Comenity Bank, Case No. 16-10498 (11th Cir. 2017).
The Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., allows for the partial revocation of consent to be called by an automatic telephone dialing system.
Whitney Bank v. Grant, Case No. 1D16-5112 (Fla. 1st DCA 2017).
The five-year statute of limitations period in Florida Statute section 95.11(2)(b), and not the one-year statute of limitations of Florida Statute section 95.11(5)(h), applies in actions for deficiency proceedings arising out short sales (as opposed to deficiency actions arising out of a foreclosure sale).
The Bank of New York Mellon v. Simpson, Case No. 3D16-2445 (Fla. 3d DCA 2017).
Generalized allegations of fraud in an industry without specific allegations of fraud in the case at bar are not sufficient to support a Florida Rule of Civil Procedure 1.540 motion for relief based on fraud of a party.
Bivens v. Bank of America, N.A., Case No. 16-15119 (11th Cir. 2017).
Failing to timely respond to a borrower’s Qualified Written Request (“QWR”) under 12 U.S.C. § 2605(e) is not a violation of the Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq., if the borrower sends his QWR to an address other than the one the servicer designates to receive QWRs.
Platinum Luxury Auctions, LLC v. Concierge Auctions, LLC, Case No. 3D16-1958 (Fla. 3d DCA 2017).
A settlement agreement with a confidentiality and non-disparagement provision does not require the removal from a website those disparaging remarks existing on the website both before and after the parties enteed into the settlement agreement.
New Day Miami, LLC v. Beach Developers, LLC, Case No. 3D17-1071 (Fla. 3d DCA 2017).
An order on a Florida Rule of Civil Procedure 1.540 motion may be an appealable final order, but a motion for rehearing directed to the order does not toll appellate time periods due to Florida Rule of Appellate Procedure 9.130(a)(5) which holds that “[m]otions for rehearing directed to these orders will not toll the time for filing anotice of appeal.”
Pedro v. Equifax, Inc., Case No. 16-13404 (11th Cir. 2017).
It is not objectively unreasonable for a credit reporting agency to interpret section 1681e(b) of the Fair Credit ReportingAct, 15 U.S.C. § 1681 et seq., to permit reporting an account for which a consumer is an authorized user.
DNJS Holdings v. Pet Doctors Operating, LLC, Case No. 1D16-5859 (Fla. 1st DCA 2017).
Certiorari may be granted to compel discovery when not giving discovery would eviscerate the petitioning party’s trial court case.
Omes v. Ultra Enterprises, Inc., Case No. 3D16-338 (Fla. 3d DCA 2017).
A shareholder loses all rights as a shareholder pursuant to Florida Statute section 607.1323(1) and is only entitled to the value of their shares once the shareholder deposits their certificates, or in the case of uncertificatedshares, returns the executed forms.
Garcia v. Christiana Trust, Case No. 3D16-735 (Fla. 3d DCA 2017).
A general reservation of jurisdiction in a final judgment typically reserves jurisdiction for deficiency judgments only; retention of jurisdiction for other reasons must be specifically reserved.
Law Offices of Herssein and Herssein, P.A. v. United Services Automobile Association, Case No. 3D17-1421 (Fla. 3d DCA 2017).
A “Facebook friendship” between a judge and a lawyer does not signify a true friendship, and is not, without more, sufficient to disqualify the judge from pending case where the Facebook friend is one of the lawyers.
Llano Financing Group, LLC v. Yespy, Case No. 4D16-2007 (Fla. 4th DCA 2017).
Assignment of a note and mortgage does not automatically assign third party negligence claims arising out of the note and mortgage.
Victorville West Limited Partnership v. The Inverrary Association, Inc., Case No. 4D16-2266 (Fla. 4th DCA 2017).
A restrictive covenant will be enforced despite changed conditions if the restriction was for the benefit of and continues to benefit the dominant estate.