Wheaton v. Wheaton, Case No. SC17-716
Proposals for settlement made pursuant to Florida Statutes section 768.79 and Florida Rule of Civil Procedure 1.442 do not need to comply with the email service provisions of Florida Rule of Judicial Administration 2.516.
Crary v. Tri-Par Estates Park and Recreation District, Case No. 2D17-3540 (Fla. 2d DCA 2018).
An over-55 community association that is also an independent special taxing district created by the Florida Legislature does not have the authority to enact (or enforce) rules and regulations promulgated by the association’s board of trustees governing the use of its facilities if the district’s enabling legislation does not provide the power to enact such rules.
Shands v. City of Marathon, Case No. 3D17-1859 (Fla. 3d DCA 2018).
In an as-applied inverse condemnation case, the awarding of Rate Of Growth Ordinance
(R.O.G.O.) points may be enough of a benefit to avoid a finding that zoning and environmental regulations deprived the property owner of all or substantially all economic use of their property.
KIS Group, LLC v. Moquin, Case No. 4D18-1435 (Fla. 4th DCA 2018).
A trial court’s denial of defendant’s motion for summary judgment on a fraud claim is not the functional equivalent of a determination that a sufficient factual basis exists under Florida Statute section 768.72 for plaintiff to claim of punitive damages.
Henry Schein, Inc. v. Archer & White Sales, Inc., Case No. 17–1272 (2019).
A court may not override an arbitration provision when the parties’ contract delegates the arbitrability question to an arbitrator, even if the court thinks that the arbitrability claim is “wholly groundless.”
Mielke v. Deutsche Bank National Trust Company, Case No. 1D17-4265 (Fla. 1st DCA 2018).
Florida Statute section 673.3091(enforcement of lost note) is tied to a foreclosure action and does not create an independent cause of action triggering a separate statute of limitations on a mortgagee’s right to foreclose, regardless of whether the note holder knew or did not know the note was lost.
New Prime Inc. v. Oliveira, Case No. 17–340 (2019).
Certain transportation workers are exempt from the reach of the Federal Arbitration Act, and accordingly, arbitration cannot be compelled for those workers even when an arbitration agreement exists which contains a delegation provision.
Saccullo v. United States of America, Case No. 17-14546 (11th Cir. 2019).
The curative provisions of Florida Statute section 95.231 (certain defects in deeds, including not having sufficient witnesses, are cured after 5 years) apply and vest a technically incorrect deed in the grantee after the statutory period; United States v. Summerlin, 310 U.S. 414, 416 (1940)(statutes of limitation are not enforceable against a sovereign) is not applicable as the deed vested before the claim of the U.S. vested.
1385 Starkey, LLC v. Superior Fence & Rail of Pinellas County, Inc., Case No. 2D15-5579 (Fla. 2d DCA 2019).
A motion for continuance of trial to allow an insolvent company to reinstate should be granted; the court does not rule whether an insolvent corporation may proceed to trial under the province of the “winding up affairs” provision of Florida Statute section 605.0709.
Haggin v. Allstate Investments, Inc., Case No. 4D18-568 (Fla. 4th DCA 2019).
A guarantee of a lease that is not a continuing guarantee only applies to the original term of the lease, notwithstanding a provision of the guarantee that the parties “agree[d] that this guarantee shall remain for the renewal, modification, extension or waiver of this Lease.”
Florida Department of Health v. Tropiflora, LLC, Case No. 1D17-2796 (Fla. 1st DCA 2019).
Failure of a claimant to exhaust administrative remedies is not within the narrow class of reasons for which prohibition will issue.
Keystone Airpark Authority v. Pipeline Contractors, Inc., Case No. 1D17-2897 (Fla. 1st DCA 2019).
Consequential damages are not based on foreseeability but instead are based on the damaged party’s relationship with third parties.
Eastwood Shores Property Owners Association, Inc. v. Department Of Economic Opportunity, Case No. 2D17-3467 (Fla. 2d DCA 2019).
Although the issue has been resolved by the 2018 amendment to the Marketable Record Title Act (M.R.T.A.), condominium associations may be considered “homeowner’s associations” capable of employing the prior M.R.T.A. covenant revitalization provisions (Florida Statutes sections 720.403-.407).
Mercantil Bank, N.A. v. Pazmino, Case No. 4D18-1168 (Fla. 4th DCA 2019).
A party that fails to conduct a foreclosure sale on a prior foreclosure judgment is not entitled to “revive” the prior judgment by filing a new suit.