DeMartini v. Town of Gulf Stream, Case No. 17-14177 (11th Cir. 2019).
Probable cause to file a RICO lawsuit defeats a retaliatory Section 1983 lawsuit.
Mattress One, Inc. v. Sunshop Properties, LLC, Case No. 3D19-0307 (Fla. 3d DCA 2019).
A registered agent’s unavailability during the statutorily required times does not allow a process server to serve anyone at the business premises without first complying with Florida Statute section 48.081(1) (a return ofservice must show the absence of all officers of a superior class designated in thestatute before service can be obtained by serving an officer or agent of an inferiorclass).
1601 Bay LLCv. Wilmington Savings Fund Society, FSB, Case No. 3D19-492 (Fla. 3d DCA 2019).
A purchaser of property, including one purchasing at a foreclosure sale, cannot rely on a fraudulent satisfaction of a prior mortgage in the title record and the purchaser does not take title free of the unsatisfied mortgage.
The Naked Lady Ranch, Inc. v. Wycoki, Case No. 4D18-2068 (Fla. 4th DCA 2019).
A court’s inquiry into suspension or termination of a member of a corporation is, under Florida Statute section 617.0607(1), limited to determining whether the board acted in a fair and reasonable manner and in good faith.
Mantilla v. Fabian, Case No. 4D18-2429 (Fla. 4th DCA 2019).
A general release arising out of the sale of a business does not preclude a later claim of fraud in the inducement unless the release specifically states that fraud is not grounds for rescission.
Iglehartv. MitbankUSA, Inc., Case Nos. 4D19-86 and 4D19-87 (Fla. 4th DCA 2019).
Contemporaneously executed contracts for different functions between two parties, one containing a mandatory arbitration provision and the other containing an exclusive venue litigation provision, do not require arbitration of all disputes between the parties.