DeLisle v. Crane Co., Case No. SC16-2182 (Fla. 2018).
The Florida Supreme Court rejects the Daubert standard and continues its adoption of the Frye standard for the admission of scientific evidence.
Holiday Isle Improvement Association, Inc. v. Destin Parcel 160, LLC, CaseNo. 1D17-5241 (Fla. 1st DCA 2018).
A suit for declaratory relief may constitute an action seeking to enforce community association restrictive covenants, and as a result the prevailing party in such action may be entitled to an award of attorney’s fees and costs under Florida Statute section 720.305.
Thorlton v. Nationstar Mortgage, LLC, Case No. 2D17-2328 (Fla. 2d DCA 2018).
A witness testifying as to routine practice of a company sending letters must “be employed by the entity drafting the letter,” and also must “have firsthand knowledge of the company’s routine practice for mailing letters.”
Garcia v. Deutsche Bank National Trust Company, Case No. 3D17-1778 (Fla. 3d DCA 2018).
Removal of a case to federal court deprives the state court of jurisdiction, including the jurisdiction to enter a final judgment.
Antoniazzi v. Wardak, Case No. 3D17-2064 (Fla. 3d DCA 2018).
The following is a mandatory forum selection clause:
The place of performance, the exclusive jurisdiction for all legal action and the venue for legal proceedings if the client is resident abroad is the place where the head office or branch of the Bank maintaining the contractual relationship with the client is located.
Subic Bay Marine Exploratorium, Inc. v. JV China, Inc., Case No. 5D17-4030 (Fla. 5th DCA 2018).
A domestic Florida corporation is subject to the general jurisdiction of the Florida courts, notwithstanding that the corporation’s principal place of business may be in another state.
Foley v. Azam, Case No. 5D18-145 (Fla. 5th DCA 2018).
The tolling provision of 28 USC § 1367(d) does not require the successful assertion of federal jurisdiction for tolling to be effective.