Johnson v. KeyBank National Association, Case Nos. 15-10779; 10-12957 (11th Cir. 2017).
An arbitration provision included into a depositor agreement as the result of a unilateral change by the bank is enforceable.
Llano Financing Group, LLC v. Petit, Case No. 1D16-3168 (Fla. 1st DCA 2017).
A lender’s claims based on afaulty appraisal accrues immediatelyand is subject to Florida Statute section 95.11(3)’sfour-year statute of limitations.
Florida Farm Bureau Casualty Insurance Company v. Gray, Case No. 1D16-3118 (Fla. 1st DCA 2017).
The failure of a client to pay his attorney the contracted-for hourly rate does not transform the representation into a contingency fee representation, and as a result, a multiplier is not proper under this form of representation.
AHF-Bay Fund, LLC v. City of Largo, Florida, Case No. 2D14-408 (Fla. 2d DCA 2017).
A subsequent purchaser is on constructive notice of and bound by a non-recorded agreement when there is a recorded memorandum of agreement in the title record and the recorded memorandum refers to a non-recorded agreement which states that the non-recorded agreement runs with the land.
Friedle v. The Bank Of New York Mellon, Case No. 4D15-1750 (Fla. 4th DCA 2017).
An authenticated document is not automatically admissible if another section of the Evidence Code (such as hearsay) makes the document non-admissible. Additionally, the Tipsy Coachman Rule does not apply if the trial court record is not sufficiently developed.
City of Cooper City v. Joliff, Case No. 4D16-2504 (Fla. 4th DCA 2017).
A municipal special assessment that is improperly apportioned is voidable, not void, and as a result must be challenged within the specified time frame.