Dye v. Tamko Building Products, Inc.,Case No. 17-14052 (11th Cir. 2018).
A shrink-wrap contract on a package of roof shingles purchased and opened by a homeowner’s roofer binds a homeowner to the arbitration provisions contained in the shrink-wrap package when ” (1) … the manufacturer’s packaging … sufficed to convey a valid offer of contract terms, (2) that unwrapping andretaining the shingles was an objectively reasonable means of accepting that offerand (3) … the homeowners’ grant of express authority to their roofers to buy and install shingles necessarily included the act of accepting purchase terms on thehomeowners’ behalf.”
Deutsche Bank National Trust Company v. Noll, Case No. 2D16-5635 (Fla. 2d DCA 2018).
The Clerk of Court does not become the “holder” of a promissory note merely by possession of the note in the court file.
Santos v. HSBC Bank USA, National Association,Case No. 3D17-531 (Fla. 3d DCA 2018).
An appellate court has no jurisdiction to review trial court acts after the filing of the Notice of Appeal, even if the appellate court has relinquished jurisdiction.
Lovell v. Perez, CaseNo. 3D18-337 (Fla. 3d DCA 2018).
The following contract provision does not make a Buyer responsible for Seller’s attorney’s fees when Buyer sues Seller for a declarationthat Buyer is not responsible for Seller’s fees, i.e., Seller is not “be joined in any suit or subpoenaed as a witness or otherwise:
If a real estate agent/broker claims a commission by virtue ofhaving a listing agreement with the SELLERS, whether on orbefore the closing date, or by virtue of a verbal or other agreement,SELLERS will indemnify and hold the BUYERS harmless for allfees and costs, including the fee of BUYERS’ attorney of choiceshould BUYERS or either of them be joined in any suit orsubpoenaed as a witness or otherwise or if BUYERS must set forthBUYERS’ position to such agent/broker by letter or otherwise uponcontact by such agent/broker. If a real estate agent/broker claims acommission by virtue of showing the subject property to BUYERSor being a “procuring cause” of the purchase then BUYERS willindemnify and holder [sic] SELLERS harmless for all fees andcosts, including the fee of SELLERS’ attorney of choice shouldSELLERS or either of them be joined in any suit or subpoenaed asa witness or otherwise or if SELLERS must set forth SELLERS’position to such agent/broker by letter or otherwise upon contact byagent/broker. The terms of the Paragraph along with Paragraph 15of the Contract will survive the closing for five (5) years.
Venezia v. Wells Fargo Bank, Case No. 3D18-516 (Fla. 3d DCA 2018).
The Third District agrees with the Second District that there is no right of non-final appeal nor certiorari review for merely scheduling a foreclosure sale pursuant to a valid judgment of foreclosure.
Torres v. Deutsche Bank National Trust Company, Case No. 4D17-2727 (Fla. 4th DCA 2018).
The Fourth District re-affirms its position that a “witness musthave personal knowledge of the company’s general practice in mailingletters” and that mere reliance on the boarding process to prove a letter was mailed in insufficient.
Santiago v. U.S. Bank National Association, Case No. 5D18-2470 (Fla. 5th DCA 2018).
A promissory note can be released from the court file to the party that placed the note into evidence or the court file.