Trial Practices, Inc. v. Hahn Loeser& Parks, LLP, CaseNo. SC17-2058 (Fla. 2018).
The Florida Supreme Court rules that “Rule4-3.4(b) of the Rules Regulating the Florida Bar permits a party to pay a factwitness for the witness’s assistance with case and discovery preparation that isdirectly related to the witness preparing for, attending, or testifying at proceedings.”
D.R. Horton, Inc. – Jacksonville v. Heron’s Landing Condominium Association of Jacksonville, Inc., Case No. 1d17-1941 (Fla. 1st DCA 2018).
The violation of building codes is sufficient “damages” to sustain a verdict for violation of Florida Statutes section 553.84.
Bailey v. James S. St. Louis, D.O., Case No. 2D17-895 (Fla. 2d DCA 2018).
A claim of disgorgement of wrongful gains is a remedy intended to deter wrongdoers and is not based on lost profits and a successful clamant need not prove lost profits.
Harris v. The Bank of New York Mellon, Case No. 2D17-2555 (Fla. 2d DCA 2018).
The Second District adopts Madl v. Wells Fargo Bank, N.A., 244So. 3d 1134 (Fla. 5th DCA 2017), and holds that attorney’s fees may be awarded to a borrower even when a foreclosing lender fails to establish standing.
MetroPCS Communications, Inc. v. Porter,No. 3D17-375 (Fla. 3d DCA 2018).
A booklet when purchasing a cellular phone and monthly text messages are sufficient to place a cellular service customer of his agreement to an arbitration provision.
Bank of New York v. Obermeyer, Case No. 3D18-700 (Fla. 3d DCA 2018).
Travel costs are typically not awarded as part of an award of attorney’s fees but may be awarded as a sanction.
Grant v. Citizens Bank, N.A., Case No. 5D17-726 (Fla. 5th DCA 2018) (en banc).
The Fifth District recedes from Velden v. Nationstar Mortgage, LLC, 234 So. 3d 850 (Fla. 5th DCA2018), and holds that plaintiffs are not limited to recovering more than five years of damages from date of breach in installment obligation cases.
Salazar-Abreu v. Walt Disney Parks and Resorts U.S., Inc., Case No. 5D17-2135 (Fla. 5th DCA 2018).
The Florida rule for judicial estoppel is different than the Federal rule and the Florida rule requires:
[1] A claim or position successfully maintained in a formeraction or judicial proceeding [2] bars a party from making acompletely inconsistent claim or taking a clearly conflictingposition in a subsequent action or judicial proceeding, [3] tothe prejudice of the adverse party,[4] where the parties arethe same in both actions, subject to the “special fairness andpolicy considerations” exception to the mutuality of partiesrequirement.