Allen v. Cooper, Case No. 18–877 (2020).
The Copyright Remedy Clarification Act, 17 U. S. C. §511, does not strip states of sovereign immunity protection from claims of copyright infringement.
Allen v. Helms, Case No. 1D18-2417 (Fla. 1st DCA 2020).
A bankruptcy trustee has no rights in a debtor’s Proposal for Settlement that was not accepted within thirty days, thus a plaintiff cannot “withdraw” an unaccepted Proposal for Settlement after purchasing it from a bankruptcy trustee.
Clerk of the Circuit Court & Comptroller of Collier County v. Doe, Case Nos. 2D19-2368, 2D19-2620 (Fla. 2d DCA 2020).
There is no statutory or common law duty for a Clerk of Court to redact confidential information, and as a result, cannot be held liable in tort for failure to redact.
Mace v. M&T Bank, Case No. 2D16-3381 (Fla. 2d DCA 2020).
The “additional evidence” can establish thata default letter was mailed are testimony of a witness or witnesses with personal knowledge ofrelevant facts, evidence that the organization responsible for mailing the letter had a routinepractice with respect to mailing letters such that a court can infer that theroutine practice was followed and the letter was mailed, and a return receipt or a log entry generated upon mailing that evidences a mailing.
HSBC Bank USA, National Association v. Achinelli, Case No. 2D18-4848 (Fla. 2d DCA 2020).
A purchaser at community association foreclosure sale who receives his certificate of title after the first mortgage lender files its lis pendens is a purchaser pendente lite and may not intervene in the lender’s foreclosure action, even if the purchaser executed the purchase documents before the lis pendens was filed.
Jamieson v. Town of Fort Myers Beach Case No. 2D19-238 (Fla. 2d DCA 2020).
A landowner who purchased property with knowledge of a preexisting regulation does not operate as an absolute bar to a takings claim.
Doe v. Natt, Case No. 2D19-1383 (Fla. 2d DCA 2020).
An arbitration provision which refers to a set of rules that delegate the issue of arbitrability to the arbitrator does not satisfy the requirement that parties clearly and unmistakably delegate the power to the arbitrator.
H Greg Auto Pompano, Inc. v. Raskin, Case No. 3D20-0240 (Fla. 3d DCA 2020).
Florida, as opposed to federal, arbitration law does not require a stay on appeal upon denial of a motion to compel arbitration.
Gannon Airbnb, Inc., Case No. 4D19-541 (Fla. 4th DCA 2020).
Online property search platforms are not required to collect and remit a county’s tourist development (bed) tax to the county’s tax collector.
Bank of America, N.A. v. Jones, Case No. 4D19-1164 (Fla. 4th DCA 2020).
A borrower that sends a lender a cease and desist letter prohibiting in-person contact cannot later argue that lender failed to perform the condition precedent of a face-to-face meeting under 24 C.F.R. § 203.604(b).