Flournoy v. CML-GA WB, LLC,Case No. 16-10073 (11th Cir. 2017).
A landlord rebutting circumstantial claims of racial discrimination in violation of 42 U.S.C. § 1981 must only produce legitimate, non-discriminatory reasons for the treatment.
In Re: Standard Jury Instructions in Civil Cases—Report
No. 16-01, Case No. SC16-323 (Fla. 2017).
The Florida Supreme Court adopts standard jury instructions forn unlawful discrimination claims.
Edmonds v. U.S. Bank National Association, Case No. 2D15-2590 (Fla. 2d DCA 2017).
A witness must have personal knowledge of a company’s regular practice of mailing letters for a court to adopt the rebuttable presumption of mailing as a routine business practice.
DiGiovanni v. Deutsche Bank National Trust Company,Case No. 2D15-4180 (Fla. 2d DCA 2017).
A judge may not investigate factson his own, even under the guise of taking judicial notice.
Sybac Solar, GmbH v. 6th Street Solar Energy Park of Gainesville, LLC, Case No. 2D16-2624 (Fla. 2d DCA 2017).
A corporation is entitled to designate its own representative for deposition under Florida Rule of Civil Procedure 1.310(b)(6), but the opposing party may take additional depositions. The person designated need not have the most knowledge (or any knowledge) on the matter, but may be prepared by the corporation in order to state the corporation’s position.
Dyck-O’Neal, Inc. v. Meikle, Case No. 4D15-3911 (Fla. 4th DCA 2017).
A court may later acquire jurisdiction over an individual for deficiency suit purposes even if the foreclosure was first conducted by publication, i.e., non-personal service.
Mancinelli v. Davis, Case No. 4D15-4249 (Fla. 4th DCA 2017).
The Intra-Corporate Conspiracy Doctrine applies in Florida as an agent cannot conspire with its principal (the corporation).
Jpmorgan Chase Bank National Association v. Jean Pierre, Case No. 4D16-1119 (Fla. 4th DCA 2017).
A witness need not have personal knowledge of a breach letter being sent so long as the witness testifies from the business records and the business records demonstrate the breach letter was sent.
Investor Trustee Services, LLC v. DLJ Mortgage Capital, Inc., Case No. 5D15-3082.
A person who purchases property after the filing of a lispendens is a purchaser pendent lite and is not entitled to intervene or participate in the pending litigation.