O’Halloran v. Harris Corporation (In re Teltronics, Inc.), Case No. 161140 (11th Cir. 2018).
A bankruptcy judge’s Daubert decision on economic testimony regarding insolvency will not be disturbed on appeal absent the decision being “manifestly erroneous.”
Allen v. Nunez, Case No. SC16-1164 (Fla. 2018).
Two codefendants who receive a proposal for settlement in which they are specifically and individually named, possess all the information necessary to determine whether to settle and an attachment which names both codefendants does not make the proposal ambiguous.
The Florida Bar re: Advisory Opinion – Shore v. Wall, Case No. SC17-1510 (Fla. 2018).
A non-lawyer company is engaged in the unlicensed practice of law when it holds itself out as having special knowledge on how to recover excess proceeds from tax deed sales held by the Clerk of Court under Florida Statutes Chapter 197.
Federal National Mortgage Association v. JKM Services, LLC, as Receiver for Cedar Woods Homes Condominium Association, Inc., Case No. 3D17-370 (Fla. 3d DCA 2018).
A lender is entitled to intervene in a proceeding where a receiver is appointed to collect unpaid condominium assessments under Florida Statute section 718.116(6)(c).
Ocean Bank v. Gato, Case No. 3D18-1608 (Fla. 3d DCA 2018).
A foreclosure sale should not be canceled to permit a defendant time to arrange a short sale because “[a] defendant’s claim that they might be able to arrange for payment of the outstanding debt during an extended period of time does not constitute a lawful, cognizable basis for granting relief to one side to the detriment of the other.”
Darden Restaurants, Inc. v. Ostanne, Case No. 4D17-3590 (Fla. 4th DCA 2018).
A valid delegation clause such as “[t]he arbitrator has the sole authority to determine the eligibility of a dispute for arbitration and whether it has been timely filed” removes jurisdiction from a trial court to determine arbitrability.
Provident Funding Associates v. MDTR, Case No. 2D17-337 (Fla. 2d DCA 2018).
The Second District adopts the reasoning of Forero v. Green Tree Servicing, LLC, 223 So. 3d 440 (Fla. 1st DCA 2017), and holds the phrase “and all subsequent payments” has a different meaning in a later action and can avoid a res judicata defense because the passage of time has caused the actual missed payments to be different.
5F, LLC v. Boca Grande Isle LLC, Case Nos. 2D17-949, 2D17-1155 (Fla. 2d DCA 2018).
Unless there is an express delegation of authority to a property ownersassociation to amend restrictive covenants, restrictive covenants can only beamended by the consent of all the property owners in a subdivision.
Robles v. Federal National Mortgage Association, Case No. 3D17-2798 (Fla. 3d DCA 2018).
A court can enter a default without a hearing.
DeLisle v. Crane Co., Case No. SC16-2182 (Fla. 2018).
The Florida Supreme Court rejects the Daubert standard and continues its adoption of the Frye standard for the admission of scientific evidence.
Holiday Isle Improvement Association, Inc. v. Destin Parcel 160, LLC, CaseNo. 1D17-5241 (Fla. 1st DCA 2018).
A suit for declaratory relief may constitute an action seeking to enforce community association restrictive covenants, and as a result the prevailing party in such action may be entitled to an award of attorney’s fees and costs under Florida Statute section 720.305.
Thorlton v. Nationstar Mortgage, LLC, Case No. 2D17-2328 (Fla. 2d DCA 2018).
A witness testifying as to routine practice of a company sending letters must “be employed by the entity drafting the letter,” and must also”have firsthand knowledge of the company’s routine practice for mailing letters.”
Antoniazzi v. Wardak, Case No. 3D17-2064 (Fla. 3d DCA 2018).
The following is an enforeable mandatory forum selection clause:
The place of performance, the exclusive jurisdiction for all legal action and the venue for legal proceedings if the client is resident abroad is the place where the head office or branch of the Bank maintaining the contractual relationship with the client is located.
Foley v. Azam, Case No. 5D18-145 (Fla. 5th DCA 2018).
The tolling provision of 28 USC § 1367(d) does not require the successful assertion of federal jurisdiction for tolling to be effective.
In Re: Amendments to The Florida Rules of Appellate Procedure, Case No. SC17-152 (Fla. 2018).
The Rules of Appellate Procedure are amended to provide more uniform treatment of appeals from county court to circuit court, to permit non-final appeals regarding whether a settlement agreement is unenforceable or to disqualify counsel, but a rule requiring three judgment panels in all county to circuit court appeals is rejected.
In Re: Amendments to The Florida Rules of Civil Procedure, Case No. SC17-882 (Fla. 2018).
The Rules are amended to provide that service by email is the same as hand delivery.
Garcia-Mathies Interiors, Inc. v. Peré, Case No. 3D17-882 (Fla. 3d DCA 2018).
A party must be given an opportunity to contest the striking of pleadings, even when it appears obvious the party has not complied with previous court orders to produce digital discovery in native, non-altered format.
Villamizar v. Luna Capital Partners, LLC, Case No. 3D18-112 (Fla. 3d DCA 2018).
Just because anunrelated purchaser of real estate is aware the seller owesmoney to others is not indicative of a fraudulent scheme to convey away assets beyond the reach of the party seeking damages against the seller, and the fact that a prior lis pendenson the property was discharged does not change the conclusion.
Santiago v. U.S. Bank National Association, Case No. 5D18-2470 (Fla. 5th DCA 2018).
A party is not prohibited from seeking the release of original documents held in a court file, and need not prove the merits of its underlying claim tied to the documents before obtaining the release.