South Dakota v. Wayfair, Inc., Case No. 17–494 (2018).
Physical presence of an internet seller in a state is not necessary for the state to tax the transaction.
Haynes v. Hooters of America, LLC,Case No. 17-13170 (11th Cir. 2018).
A defendants’ remediation agreement with a third party does not moot the claims of a plaintiff of violations of existing laws.
Beck Auto Sales, Inc. v. Asbury Jax Ford, LLC, Case No. 1D17-2242 (Fla. 1st DCA 2018).
A non-signatory to an arbitration agreement cannot, despite equitable estoppel principles, compel a signatory to join the non-signatory in a pending arbitration when to do so exceeds the scope of the arbitration agreement.
Magnolia Florida Tax Certificates, LLC v. Florida Department of Revenue, Case No. 1D17-2094 (Fla. 1st DCA 2018).
Charters counties may impose additional tax deed sale bidding requirements on business entities than on individuals, e.g., affidavits requiring the business to name its owners, when such additional requirement is rationally related to a legislatively-perceived need.
Rozanski v. Wells Fargo Bank, N.A.,Case No. 2D16-3800 (Fla. 2d DCA 2018).
A lender awarded an equitable lien is not entitled to foreclose the lien unless it can show the equitable lien (or the underlying obligations which gave rise to the equitable lien) is in default.
City of Clearwater v. Bayesplanade.Com, LLC, Case No. 2D17-2006 (Fla. 2d DCA 2018).
A deed that is unambiguous and sufficient on its face to show thegrantor’s intent as to the property described and the estate conveyed, is not subject to parol evidence. Additionally, parol evidence regarding a deed may only be employed as to latent ambiguities as patent ambiguities result in a void deed.
Bayview Loan Servicing, LLC v. Dzidzovic, Case No. 2D17-3608 (Fla. 2d DCA).
An evidentiary hearing with appropriate notice must be conducted when a party raises a colorable Rule 1.540 issue in a motion for relief from judgment.
ASA College, Inc. v. Dezer Intracoastal Mall, LLC, Case No. 3D16-1381 (Fla. 3d DCA 2018)
A party seeking to enforce a restrictive covenant in a Reciprocal Easement Agreement need not establish irreparable injury to enforce the restriction.
Lenziv. The Regency Tower Association, Inc., Case No. 4D17-2507 (Fla. 4th DCA 2018).
Terms in a declaration of condominium should be given their ordinary meaning, and accordingly, use of the word “alteration” applied to common elements means all alterations and not just material alterations.