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.
Villamorey, S.A. v. BDT Investments, Inc., Case No. 3D17-1952 (Fla. 3d DCA 2018).
A party that seeks to dissolve a writ of garnishment has consented to the court’s jurisdiction over it; an affidavit under Florida Statute section 77.16(1) is not necessary for the court to acquire jurisdiction.
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.