Johnson v. Deutsche Bank National Trust Company Americas, Case No. 2D16-4262 (Fla. 2d DCA 2018).
The de novo standard of review on appeal, absent fundamental error, still does not permit the argument on appeal of error not preserved in the trial court.
Obsessions in Time, Inc. v. Jewelry Exchange Venture, LLLP, CaseNo. 3D16-2620 (Fla. 3d DCA 2018).
The following exculpatory clause in a lease is ambiguous, and therefore, unenforceable:
In making this lease, it is hereby agreed that lessor does not assumethe relations and duty of bailee and shall not be liable for any loss ordamage to the contents of the vault within the premises caused byburglary, fire, or any cause whatsoever, but that the entire risk of suchloss or damage is assumed by the lessee. The lessor shall not be liablefor any delay caused by failure of the vault doors to lock, unlock orotherwise operate and the sole liability of the lessor hereunder islimited to the exercise of ordinary care to prevent the opening of saidvault or boxes contained therein by any person other than lessee or theauthorized agent of the lessee.
Sammie Investments, LLC, v. Strategica Capital Associates Inc.,Case No. 3D17-2052 (Fla. 3d DCA 2018).
The inability to recover money damages does not amount to an inadequate remedy at law for purposes of issuing a temporary injunction.