O’Halloran v. Harris Corporation (In re Teltronics, Inc.), Case No. 161140 (11th Cir. 2018).
A bankruptcy judge’s Daubert decision on economic testimony regarding insolvency will not be disturbed on appeal absent the decision being “manifestly erroneous.”
Allen v. Nunez, Case No. SC16-1164 (Fla. 2018).
Two codefendants who receive a proposal for settlement in which they are specifically and individually named, possess all the information necessary to determine whether to settle and an attachment which names both codefendants does not make the proposal ambiguous.
Allen v. Nunez, Case No. SC16-1164 (Fla. 2018).
Two codefendants who receive a proposal for settlement in which they are specifically and individually named, possess all the information necessary to determine whether to settle and an attachment which names both codefendants does not make the proposal ambiguous.
Atlantic Civil, Inc. v. Swift, Case No. 3D15-1594 (Fla. 3d DCA 2018).
A joint proposal for settlement which does not differentiate between co-defendants and requires all co-defendants to execute the same general release which refers to another co-defendant is not enforceable.
Federal National Mortgage Association v. JKM Services, LLC, as Receiver for Cedar Woods Homes Condominium Association, Inc., Case No. 3D17-370 (Fla. 3d DCA 2018).
A lender is entitled to intervene in a proceeding where a receiver is appointed to collect unpaid condominium assessments under Florida Statute section 718.116(6)(c).
Ocean Bank v. Gato, Case No. 3D18-1608 (Fla. 3d DCA 2018).
A foreclosure sale should not be canceled to permit a defendant time to arrange a short sale because “[a] defendant’s claim that they might be able toarrange for payment of the outstanding debt during an extended period of timedoes not constitute a lawful, cognizable basis for granting relief to one side to thedetriment of the other.”
Darden Restaurants, Inc. v. Ostanne, Case No. 4D17-3590 (Fla. 4th DCA 2018).
A valid delegation clause such as “[t]he arbitrator has the sole authority to determine the eligibility of a dispute for arbitration and whether it has been timely filed” removes jurisdiction from a trial court to determine arbitrability.