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.
Smuldersv. 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 intoby 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.