Digital Realty Trust, Inc. v. Somers, Case No. 16–1276 (2018).
Individuals who fail to report alleged securities violation to the Securities and Exchange Commission do not fall within the Dodd-Frank Act’s definition of “whistleblower” and thus are not protected by the Act’s anti-retaliation provisions.
Asset Management Holdings, LLC v. Assets Recovery Center Consolidated Investments, LLC, Case Nos. 2D16-341 and 2D16-3599 (Fla. 2d DCA 2018).
A trial court errs by failing to allow a “setoff” in favor of a party that has breached a contract as such improperly inflates the claimant’s damages.
Liork, LLC v. BH 150 Second Avenue, LLC,Case No. 3D16-1881 (Fla. 3d DCA 2018).
Subscription agreements are not subject to lack of mutuality attacks because they are different fromordinary bilateral contracts where one party promises to perform a specific actiondirectly in exchange for the other party performing another specific action. Moreover, the fact that real estate values fluctuate generally supports liquidated damages provisions.
Coconut Grove Acquisition, LLC v. S&C Venture, Case No. 3D17-434 (Fla. 3d DCA 2018).
Failure to make payments to a new servicer, even afer the old servicer sent a “goodbye letter” advising the loan had been sold, is not an act of default when the new servicer fails to timely advise mortgagor where to send payments.
Mack v.Repole, Case No. 4D16-3595 (Fla. 4th DCA 2018).
An order enforcing a settlement agreement is final and must be appealed where there is “nothing whatever left for the court to do in the pendingaction, other than to enforce what the order required of the parties”; a subsequent formal order of dismissal is not necessary to terminate theaction.
Clayton v. Poggendorf, Case No. 4D17-488 (Fla. 4th DCA 2018).
An attorney may have apparent authority to receive notices of default under a settlement agreement such to bind his principal.