Cadwell v. Kaufman, Englett& Lynd, PLLC, Case No. 17-10810 (11th Cir. 2018).
An attorney violates Bankruptcy Coe Section 526(a)(4) if he instructs a client to pay his bankruptcy-related legal fees using a credit card.
Spencer v. Ditech Financial, LLC, Case No. 2D16-4817 (Fla. 2d DCA 2018).
To establish a routine practice that a letter was mailed, the witness must be employed bythe entity drafting the letters and must have firsthand knowledge of the company’sroutine practice for mailing letters.
Finest Known LLC v. Weiss Research, Inc., Case No. 4D16-3667 (Fla. 4th DCA 2018).
A party joining a third party under Florida Rule of Civil Procedure 1.170(h) does not need to allege the third party is responsible under theories of indemnity, contribution, or subrogation as one would need to do under Ruel 1.180(a).
Emerald Estates Community Association v. U.S. Bank National Association, Case No. 4D17-1278 (Fla. 4th DCA 2018).
A lender is not required to pay attorney’s fees and costs incurred prior the “safe harbor” amounts.
National American Home, LLC v. Deutsche Bank National Trust Company, Case No. 4D17-2614 (Fla. 4th DCA 2018).
A mortgage foreclosure is founded on a duly recorded instrument and therefore a lispendens for the foreclosure does not expire one year from recording.
United Statesv. MicrosoftCorporation, Case No. 17–2 (2018).
The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) amended the Stored CommunicationsAct, 18 U. S. C. §2701 et seq., such that the United States may, by subpoena, reach electronic communications whether stored inside or outside the country.
Tank Tech, Inc. v. Valley Tank Testing, L.L.C., Case No. 2D16-2100 (Fla. 2d DCA 2018).
Parties who are not in contractual privity do not owe a duty to each other on negligence principles; Curd v. Mosaic Fertilizer, LLC, 39 So. 3d 1216, 1228 (Fla. 2010), distinguished.
OneWest Bank, FSB v. Palmero, Case No. 3D14-3114 (Fla. 3d DCA 2018).
A trial court may not issue a ruling on a basis not raised as an affirmative defense, e.g., holding that foreclosure of a reverse mortgage is prohibited by the federal reversemortgage statute, 12 U.S.C. § 1715z-20(j) (“. . . the repayment of a reverse mortgageloan is deferred until the death of both the borrowing homeowner and the homeowner’s spouse” when the statute was not raised by the pleadings.
The Waves of Hialeah, Inc. v. Machado, Case No. 3D18-300 (Fla. 3d DCA 2018).
Florida Statute section 45.045(2) permits a trial court, under appropriate circumstances and when there is no policy of insurance, to reduce the amount of a superseadeas bond filed to stay execution of a money judgment pending appeal.
Oil States Energy Services, LLC V. Greene’sEnergy Group, LLC, Case No. 16–712 (2018).
Patents are public rights granted by franchise, and accordingly, inter partes review by the United States Patent Office does not violate the Constitution.
Webb v. Blue, Case No. 1D17-1510 (Fla. 1st DCA 2018).
A decedent survived by heirs (but no spouse or minor children) may pass his homestead to a non-heir by general devise; a specific devise is not required.
HSBC Bank USA, National Association v. Nelson, Case No. 2D17-740 (Fla. 2d DCA 2018).
A mortgage foreclosure complaint which alleges an initial default outside the statute of limitations but also alleges “all subsequent defaults,” some of which subsequent defaults occured within the statute of limitations, is not barred by the statute of limitations.
Fersom Mortgage, Inc. v. Moreno, Case No. 3D17-509 (Fla. 3d DCA 2018).
A pending cross-claim survives the dismissal of the main claim.
Blok Builders, LLC v. Katryniok, Case No. 4D16-1811 (Fla. 4th DCA 2018).
On rehearing, the Fourth District re-affirms that the indemnification requirements of Florida Statute section 725.06 do not apply to projects whose scope of work is exclusively excavation.
Smulders v. Thirty-Three Sixty Condominium Association, Inc., Case No. 4D17-1138 (Fla. 4th DCA 2018).
An association’s having spent a special assessment does not render moot declaratory actions filed to contest the special assessment.
North Shore Medical Center, Inc. v. Accredited Health Solutions, Inc., Case No. 4D17-2229 (Fla. 4th DCA 2018).
A successor entity is bound by the arbitration agreement entered into by its predecessor entity.
Custom Marine Sales, Inc. v. Boywic Farms, LTD., Case No. 4D17-2828 (Fla. 4th DCA 2018).
A Florida Statute section 83.232 deposit into court registry is not required when lease payments have not yet begun according to the terms of the lease.
Guy v. Plaza Home Mortgage, Inc., Case No. 4D17-3335 (Fla. 4th DCA 2018).
A court clerk may not backdate judgments for docketing purposes as doing so improperly affects the date of rendition for appellate purposes.
PNC Bank National Association v. Roberts,Case No. 5D16-3341 (Fla. 4th DCA 2018).
Failure to respond to discovery may waive a party’s affirmative defenses.