Al-Rayes v. Willingham, Case Nos. 18-11059, 18-11539 (11th Cir. 2019).
A judgment debtor husband and his wife can form an “association in fact” under Boyle v. United States, 556 U.S. 938, 944 (2009)(individuals in an association-in-factenterprise are “associated together for a common purpose of engaging in a courseof conduct”) for R.I.C.O. purposes liability purposes.
Verizon Wireless Personal Communications, LP v. Bateman, Case No. 2D18-161 (Fla. 2d DCA 2019).
An arbitration agreement survives a bankruptcy discharge because the arbitration provision is not a “debt” or “claim” as defined under the Bankruptcy Code.
Zurich American Insurance Company v. Puccini, LLC, Case No. 3D17-0690 (Fla. 3d DCA 2019).
The Third District employs the “case by case” approach in determining whether a tenant is a co-insured under an insurance policy covering a landlord, and thus immune from insurer subrogation actions against the tenant.
Yost-Rudge v. A to Z Properties, Inc., Case No. 4D17-3204 (Fla. 4th DCA 2019).
A homestead is not “abandoned” (thus permitting one spouse to sell without the signature of both spouses) when the non-consenting spouse is involuntarily forced off the property.
Chaudhry v. Pedersen, Case No. 5D18-709 (Fla. 5th DCA 2019).
All parties having an interest in a disputed property are required to be joined to determine the true ownership of the property, i.e., a spouse who owns disputed property with her spouse is required to be joined when a plaintiff alleges he entered into an agreement to purchase property in name of husband to then be transferred to plaintiff but instead husband transferred property to himself and his wife.