5200 Enterprises Limited v. City of New York, Case No. 20-13753 (11th Cir. 2022).
New York law does not recognize continuing trespasses against municipalities, and accordingly, the City of New York is not responsible under trespass for contaminating property owned by the Debtor.
Acheron Capital, Ltd. v. Mukamal, Case No. 21-13052 (11th Cir. 2022).
An interim order directing a court-appointed trustee to sell the assets of a failed investment scheme is not a final decision under 28 U.S.C. § 1291 nor a refusal to wind up a receivership under 28 U.S.C. § 1292 and thus not capable of interim appeal.
United States Trustee Region 21 v. Bast Amron LLP (In Re: Mosaic Management Group, Inc.), Case No. 20-12547 (11th Cir. 2022).
The amendments to 28 U.S.C. §1930(a)(6) (increasing fees paid to the U.S. Trustee) are applicable to all pending cases.
Hoffman v. Signature Bank of Georgia (In Re: Hoffman), Case No. 20-12823 (11th Cir. 2022).
Roth IRAs are exempt from the claims of creditors under Georgia exemption laws.
Vital Pharmaceuticals, Inc. v. Alfieri, Case No. 20-14217 (11th Cir. 2022).
Presumptions of irreparable harm are ordinarily disfavored in the context of a preliminary injunctions in federal court, including applying to the statutory presumptions in Florida Statute section 542.335.
In Re: Amendment To Florida Rule of Appellate Procedure9.130, Case No. SC21-129 (Fla. 2022).
Florida Rule of Civil Procedure 9.130 is amended to include new subdivision (a)(3)(G) permitting non-final appeals of nonfinal orders that grant or deny a motion for leave to amend to assert a claim for punitive damages.
Hayslip v. U.S. Home Corporation, Case No. SC19-1371 (Fla. 2022).
A covenant in a master deed from a project developer requiring arbitration of all claims against the developer “touches and concerns the land” and thus runs with the land and is enforceable against later purchasers of the property.
Seaside Town Council, Inc.Seaside Community Development Corp., Case No. 1D19-755 (Fla. 2d DCA 2021).
An entity that has been assigned rights of community associations formed under Florida Statutes Chapter 720 may enforce the restrictive covenants of the associations.
GE Real Estate Services, Inc. v. Mandich Real Estate Advisors, Inc., Case No. 3D21-125 (Fla. 3d DCA 2021).
One may not enforce a non-circumvention agreement against a non-signatory to the agreement.
Enviropower Renewable Inc. v. Ritger, Case No. 3D21-0162 (Fla. 3d DCA 2021).
A general contractual waiver of rights to delay enforcement does not waive the right to a hearing on a deficiency judgment.
Buzby v. Turtle Rock Community Association, Inc., Case No. 2D21-1377 (Fla. 2d DCA 2022).
Professionals, including doctors and lawyers, are entitled to expert witness fees when testifying as an expert, i.e., when evaluating the work of others but not describing historicalfacts from personal knowledge.
GG Investment Realty, Inc. v. South Beach Resort Development, LLC, Case No. 3D20-1033 (Fla. 3d DCA 2022).
A party fraudulently induced into a contract may choose the remedy of rescission, thereby rejecting the contract, or damages, thereby reaffirming the contract and seeking damages arising from the tort.
Florida Department of Transportation v. Lauderdale Boat Yard, LLC, Case No. 4D20-1184 (Fla. 4th DCA 2022).
Only those waters which were navigable when Florida joined the union are sovereign lands which grant abutting owners riparian rights, and dredging upland so that it is covered by water does not make the dredged waters navigable nor lands which contain riparian rights.
Mohler v. Elliott, Case No. 2D21-2276 (Fla. 2d DCA 2022).
A partial final summary judgment which permits execution while other claims remain pending is subject to certiorari review because the judgment debtor would not have the ability to post a supersedeas bond while he appealed the case.
Hayes v. Monroe County, Case No. 3D21-0632 (Fla. 3d DCA 2022).
A special magistrate’s order on a code enforcement hearing which does not contain factual and legal findings under Florida Statue section 162.21(8) departs from the essential requirements of law and is subject to being overturned on second level certiorari review.
Sarasota County v. Southern Underground Industries, Inc., Case No. 2D20-2491 (Fla. 2d DCA 2022).
Although “no damages for delay” clauses arerecognized as enforceable provisions in construction contracts, they will not be enforced in the face ofgovernmental “fraud, bad faith, or active interference” withperformance under the contract.
Riano v. Bank of America, N.A., Case Nos. 3D20-1260 and 3D20-1473 (Fla. 3d DCA 2022).
There is no independent cause of action for a lender’s failure to provide a loan modification agreement under Home Affordable Modification Program (HAMP).
BMC Southwood LLC v. Monochelli, Case No. 3D20-1371 (Fla. 3d DCA 2022).
A party is not bound to the mandatory arbitration provisions of the Condominium Termination Act, Florida Statute section 718.117(16), if it alleges claims not covered by Florida Statute section 718.1255(1).
Campbell v. Harper’s Air Inc., Case No. 3D21-0750 (Fla. 3d DCA 2022).
A release which releases a party and his “employer” is interpreted to mean “employer” at the time of the incident culminating in the release and is not affected by the released party having left employment at the time of the release.
Morrison v. Smolarick, Case No. 2D20-2693 (Fla. 2d DCA 2022).
Money damages may not be awarded in partition actions under Florida Statutes Chapter 64.
Shanks v. Bergerman, Case No. 2D20-3431 (Fla. 2d DCA 2022),
Florida Statute section 95.051(1)(f) (statute of limitation period on debt tolled for five yearsfrom “[t]he payment of any part of the principal or interest of anyobligation or liability founded on a written instrument”) does not require a written or recorded agreement to toll the statute of limitations, even if the payment is made after thematurity date of the note.
Baron v. L.P. Evans Motors WPB, Inc., Case No. 3D21-1102 (Fla. 3d DCA 2022).
An arbitration clause which directs arbitration of all disputes arising out of or relating to the agreement requires the arbitrator to decide the issue of attorney’s fees and costs even if one party objects to the arbitrator doing so.