Bushnell v. Portfolio Recovery Associates, LLC,Case No. 2D17-429 (Fla. 2d DCA 2018).
An action for an account stated is sufficiently “with respect to a [credit card account] contract” such that the prevailing party is entitled to an award of attorney’s fees under Florida Statute section 57.105(7).
Alvarez v. All Star Boxing, Inc.,Case No. 3D17-925 (Fla. 3d DCA 2018).
Damages for unjust enrichment may be market value of the services or the value of the services to the party unjustly enriched, but nonetheless must be measurable and quantifiable even if rendered by a jury.
Gindel v. Centex Homes, Case No. 4D17-2149 (Fla. 4th DCA 2018).
The sending of the pre-suit notice of construction defects required under Florida Statute section 558.004(1)(a) qualifies as an “action” for purposes of satisfying the time requirements of Florida’s Statute of Repose, Florida Statute section95.11(3)(c).
Stankosv. Amateur Athletic Union of The United States, Inc., Case No.D17-3361 (Fla. 4th DCA 2018).
The filing of an amended complaint resurrects the right to compel arbitration only if the amended complaint materially differs from the initial complaint in substantive matters.