Unicolors, Inc. v. H&M Hennes & Mauritz, L. P., Case No. 20–915 (2022).
The safe harbor of 17 U.S.C. §411(certificate of registration is valid, even though it contains inaccurate information, as long as the copyright holder lacked “knowledge that it was inaccurate”) does not distinguish between mistakes of law and mistakes of fact and a mistake of law is entitled to the safe harbor protection of the statute.
Southern Coal Corporation v. Drummond Coal Sales, Inc., Case No. 20-14560 (11th Cir. 2022).
A party does not have to win all contested issues in order to be considered the prevailing party for purposes of an attorney’s fees provision.
MidAmerica C2L Incorporated v. Siemens Energy Inc., Case No. 20-11266 (11th Cir. 2022).
The Eleventh Circuit applies the Independent Tort Doctrine to fraudulent inducement claims and further states that no Florida case recognizes rescission based on lack of consideration.
Wildes v. BitConnect International, PLC, Case No. 20-11675 (11th Cir. 2022).
The prohibition in Section 12 of the Securities Act of 1933 for soliciting the purchase of unregistered securities applies to mass-market as well as individual appeals.
In Re: Amendments to Rule Regulating The Florida Bar 4-5.5, Case No. SC21-1379 (Fla. 2022).
Florida Rule Ruleof Professonal Conduct 4-5.5 is amended to read:
[A] lawyer licensed in another United States jurisdiction does not have a regular presence in Florida for the practice of law when the lawyer works remotely while physically located in Florida for an extended period of time if the lawyer works exclusively on non-Florida matters, and neither the lawyer nor any firm employing the lawyer hold out to the public as having a Florida presence.
Agency for Health Care Administration v. Ybor Medical Injury & Accident Clinic, Inc., Case No. SC20-1814 (Fla. 2022).
Florida Statute section 120.68(3) (party is entitled to a presumptive stay upon the appeal of an agency decision that “has the effect of suspending or revoking a license”) does not apply to an agency decision to administratively withdraw an incomplete application for a license renewal.
RAV Bahamas Ltd. v. Marlin Three, LLC, Case No. 3D21-976 (Fla. 3d DCA 2022).
The equitable claim of a pure bill of discovery lies only in the absence of a legal remedy and only to determine the identity of a proper party defendant or the appropriate legal theory for relief; it is not available to obtain a preview of discovery obtainable once suit is filed.
Handte v. Monroe County, Case No. 3D21-1527 (Fla. 3d DCA 2022).
Non-conforming real property is not exempted from subsequently enacted lawfulregulations generally applicable to similarly situated properties.
Trident Asset Management, LLC 2050 v. Condotel Inn Condominium Association, Inc., Case No. 5D20-2130 (Fla. 5th DCA 2022).
The one percent safe harbor provision of Florida Statue section 718.116(1)(b) applies to the total original mortgage debt, not as applied to each condominium unit.
Palafox, LLC v. Diaz, Case No. 1D20-3415 (Fla. 1st DCA 2022).
Florida Statute section 120.569(2)(e) (sanctions imposed for filing frivolous pleadings filed in administrative proceedings) does not have a timeliness requirement.
Balm Road Investment, LLC v. Hillsborough County Board Of County Commissioners, Case No. 2D21-1033 (Fla. 2d DCA 2022).
Notwithstanding the proposed development meets all legal and administrative requirements, the narrow scope of second-tier review requires affirmance of a trial court (i.e., first tier review)order denying certiorari relief to landowner seeking reversal of county commission decision denying an application for development
Coast Pump & Supply Co., Inc. v. Mathis, Case No. 2D21-1142 (Fla. 2d DCA 2022).
A Notice of Appearance is not a “pleading” for purposes of contesting jurisdiction under Florida Rule of Civil Procedure 1.140(b) (lack of personal jurisdiction must be raised in first pleading otherwise the defense is waived).
BPI Sports, LLC v. Florida Supplement LLC, Case No. 3D21-736 (Fla. 3d DCA 2022).
A term defined in the covenants portion of a contract controls over a conflicting definition contained in the recitals portion of the contract.
Aquino de Oliveira v. Sim, Case No. 3D21-1255 (Fla. 3d DCA 2022).
Clerk’s defaults are not independently appealable.
Boca Raton Community Redevelopment Agency v. Crocker Downtown Development Associates, Case No. 4D21-873 (Fla. 4th DCA 2022).
Unless an agreement by the parties requires otherwise, the fair market value of property encumbered by the lease must be computed as unencumbered by the lease.
Vickery v. City of Pensacola, Case No. 1D19-4344 (Fla. 1st DCA 2022).
Florida Statute section 163.045(1) authorizes residential property owners to remove trees from their property without interference from local government if the owners obtain documentation from an International Society of Arboriculture (ISA)-certified arborist or Florida-licensed landscape architect indicating that the trees present a danger to persons or property.
Terra Mar Property Management, LLC Wilmington Savings Fund Society, FBS, Case No. 1D21-1484 (Fla. 1st DCA 2022).
The First District agrees with the Second and Fourth District Courts of Appeal and holds that failure to pay a mortgage is a continuing default and that a lender is not barred from foreclosing on a mortgage even if the original borrower gave up all rights in the real property during bankruptcy proceedings and the lender did not initiate foreclosure within five years from that time.
Selman v. Progressive American Insurance Company, Case No. 3D21-0299 (Fla. 3d DCA 2022).
A trial court exceeds its jurisdiction when it enters relief beyond that set forth in a settlement agreement, even if the court adopted the settlement agreement and retained jurisdiction to enforce its terms.
8425 Biscayne LLC v. Pinnacle Towers LLC, Case No. 3D21-0486 (Fla. 3d DCA 2022).
A restrictive covenant is different from an easement because a restrictive covenant limits what a landowner may do with their property.
Ridard v. Massa Investment Group, LLC, Case Nos. 3D21-1238, 3D21-1239, and 3D21-1240 (Fla. 3d DCA 2022).
The third-party beneficiary doctrine enables a non-contracting party to enforce a contract against a contracting party—not the other way around and not against an agent for a disclosed principal.
DHBH Atlantic L.L.C. v. City of Delray Beach, Case No. 4D21-852 (Fla. 4th DCA 2022).
Two separate owners—holding separate legal title – cannot make a combined claim under the Bert J. Harris Act for their unified interest in platted property.
Soboh v. Hamzeh, Case No. 2D21-407 (Fla. 2d DCA 2022).
Service on an individual not operating as a sole proprietor must be made at theindividual’s abode.
New Horizons Condominium Master Association, Inc. v. Harding, Case No. 3D20-1471 (Fla. 3d DCA 2022).
The Business Judgment Rule is a rule of substantive law and need not be pleaded as an affirmative defense in order to be invoked as a defense.
Iacono v. Kingsley Arms Apartments, Inc., Case No. 3D20-1830 (Fla. 3d DCA 2022).
Without more, a landowner has no duty under either premises liability or negligence per se to install devices to diminish the possibility of persons attempting to use the landowner’s rooftop to attempt suicide.
Callava v. Yon, Case No. 3D21-1376 (Fla. 3d DCA 2022).
A real estate sales contract with the following language requires an escrow agent to disburse the deposit to the non-breaching party:
In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the executionof this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seekspecific performance.