Internavesde Mexico S.A. de C.V. v. Andromeda Steamship Corporation,Case No. 17-12164 (11th Cir. 2018).
Contracts, including arbitration agreements are interpreted according to five basic principles: the actual language used is the best evidence of the intent of the parties, a contract should be read to give effect to all of its provisions, a contract’s internal conflict resolution method should be employed if provisions conflict with each other, specific provisions generally control over general provisions, and contracts must be interpreted with sensitivity to the reality thatparties occasionally err or misprint in the course of contract drafting.
Jackson v. Bank of America, N.A.,Case No. 16-16685 (11th Cir. 2018).
Eleventh Circuit precedent holds that a trial court may strike a shotgun pleading and impose sanctions if the deficiencies are not cured by the amended pleading.
Taylor, Bean & Whitaker Mortgage Company v. Wright, Case No. 1D17-1432 (Fla. 1st DCA 2018).
A successor-in-interest plaintiff may dismiss a lawsuit without a court order substituting itself as the plaintiff, and if so, will not be responsible for any suit fees.
Iezzi Family Limited Partnership v. Edgewater Beach Owners Association, Inc., Case No. 1D16-5878 (Fla. 1st DCA 2018).
Members of not-for-profit condominium associations may notavoid pre-suit requirements for derivative actions.
DePrince v. Starboard Cruise Services, Inc.,Case No. 3D16-1149 (Fla. 3d DCA 2018).
On rehearing, the Third District holds that a party seeking rescission of a contract based on a unilateral mistakedoes not have to prove that she was induced into making the mistake by the otherparty.
Rahimi v. Global Discoveries, Ltd., LLC, Case No. 3D16-2756 (Fla 3d DCA 2018).
The determination of who isentitled to a tax deed sale surplus is made at the time of the tax deed sale.
Gonzalez v. Federal National Mortgage Association, Case No. 3D17-1246 (Fla. 3d DCA 2018).
A foreclosing lender may recover payments due outside of the five-year statute of limitations.