Bailey v. Women’s Pelvic Health, LLC, CaseNo. 1D19-1444 (Fla. 1st DCA 2020).
Arbitration provisions which cover claims “arising out of or related to”apply not only to claims arising out of the parties’employment agreements, but also to those claims with a significantrelationship to the agreements – including those with a contractual nexus.
MV Senior Management, LLCv. Redus Florida Housing, LLC,Case No. 1D20-111 (Fla. 1st DCA 2020).
The Wrongful Act Doctrine basis for awarding attorney’s fees applies only to litigation ensuing from a party’s wrongful act against a third party.
Murphy Auto Group, Inc. v. Florida Department of Transportation, Case No. 2D19-1236 (Fla. 2d DCA 2020).
Requiring a private landowner to pay for a new drainage system in order for the landowner to connect to a roadway owned by the government is an improper exaction under Koontz v. St. Johns River Water ManagementDistrict, 570 U.S. 595, 605-06 (2013).
BEO Management Corp v. Horta, Case No. 3D19-1989 (Fla. 3d DCA 2020).
The defenses of not being a party to the contract, there being no consideration for the check, and there being no intent to defraud do not defeat a claim for treble damages for a worthless check under Florida Statute section 68.065(3)(a).
Piazenko v. Pier Marine Interiors GMBH, Case No. 3D19-2193 (Fla. 3d DCA 2020).
Long-arm jurisdiction in Florida can be either specific under Florida Statute section 48.193(1)(a) or general under section 48.193(2), and specific jurisdiction requires “connexity,” i.e., that the defendant does one of the enumerated acts within Florida, and that plaintiff’s cause of action “arise from” one of the enumerated acts occurringin Florida.
MST Corporation v. Caribe Insurance Agency Corporation,Case No. 3D19-2288 (Fla. 3d DCA 2020).
A junior lienor omitted from a prior foreclosure retains its right of redemption and the redemption amount is the amount of the mortgage debt, notthe judgment of foreclosure, and an omitted lienor cannot be compelled to paythe costs or expenses of the foreclosure of the mortgage.
Triton Stone Holdings, L.L.C. v. Magna Business, L.L.C., Case No. 4D19-2371 (Fla. 4th DCA 2020).
A handwritten agreement detailing the resolution of a limited liability company that does not comport with the previously executed operating agreement for the limited liability company is not effective even if partially acted upon.