Badgerow v. Walters, Case No. 20-1143 (2022).
The Look Through Doctrine for determining federal jurisdiction under the Federal Arbitration Act (courts are to “look through” the arbitration petition to examine the underlying claim to see if the claim is cognizable under the F.A.A.) does not apply to petitions to confirm or vacate arbitration awards.
City of Austin v. Reagan National Advertising of Austin, LLC, Case No. 20–1029 (2022).
An on-site/off-site premises distinction for signs is facially content-neutral under the First Amendment.
Boechler, P.C. v. Commissioner of Internal Revenue, Case No. 20–1472 (2022).
For a limitations period to be jurisdictional, Congress must clearly state in the statute that the limitations period in the statute is jurisdictional.
Pingora Loan Servicing, LLC v. Scarver (In re Lindstrom), Case No. 20-13615 (11th Cir. 2022).
An “attesting” witness sees the signature applied to the instrument and attest to having seen the act while a “acknowledging” witness is an officer before whom the grantor appeared and declared the paper to be their instrument.
Gulfstream Aerospace Corporation v. Oceltip Aviation 1 Pty Ltd., Case No. 20-11080 (11th Cir. 2022).
Unless the parties dictate otherwise, the Federal Arbitration Act will apply to interstate and international transactions..
Airbnb v. Doe, Case No. SC-20-1167 (Fla. 2022).
A website’s reference to an arbitral organization’s rules of procedure, which rules of procedure expressly delegate arbitrability determinations toan arbitrator, constitute “clear and unmistakable” evidence of the parties’ intent to empower an arbitrator and not a court to resolve questions of arbitrability.
Rivera Chiropractor, Inc. v. Rosello, Case No. 2D20-3068 (Fla. 2d DCA 2022).
Even if twenty-one days have passed since the safe harbor letter was sent, a motion for sanctions under Florida Statute section 57.105 cannot be filed if the plaintiff voluntarily dismisses the case.
Roberts v. Direct General Insurance Company, Case No. 2D21-195 (Fla. 2d DCA 2022).
The Business Records Exception to the Hearsay Rule permits the introduction of business records which are hearsay but does not permit hearsay testimony regarding the business records.
City of Sunny Isles Beach v. Gatto, Case No. 3D21-1003 (Fla. 3d DCA 2022).
A private communication between an elected official is not a public record under Florida’s Public Records Law, Florida Statute section 119.011(12), even if the communication occurred during and discussed municipal business.
U.S. Bank National Association v. Grob, Case No. 4D21-1456 (Fla. 4th DCA 2022).
A HELOC is a non-negotiable instrument but can be assigned and can – together with the Complaint – demonstrate standing to foreclose.
LEN-CG South, LLC v. Champions Club Condominium Association, Inc., Case No. 5D21-1294 (Fla. 5th DCA 2022).
A condominium association can be compelled to arbitrate turnover construction defects based on language in the Declaration of Condominium.
Ocwen Loan Servicing, LLC v. Bishop, Case No. 4D21-69 (Fla. 4th DCA 2022).
The sentence “Lender may revoke the waiver as to any or all [e]scrow [i]tems at any time by a notice[.]” permits a lender to revoke a borrower’s ability to pay typical escrow expenses directly and further permits the lender to force-place insurance on a residence.
Ghazzawieh v. Iglesias,Case No. 5D21-879 (Fla. 5th DCA 2022).
A proposal for settlement that has a condition of payment of the proposed settlement amount within thirty days is enforceable as the payment can be tendered at the same time as acceptance of the proposal.
BMW of North America, LLC v. Henry, Case No. 5D21-885 (Fla. 5th DCA 2022).
Contingency-risk multipliers are prohibited under federal statutes awarding attorney’s fees.
Orlando Bar Group, LLC v. DeSantis, Case No. 5D21-1248 (Fla. 5th DCA 2022).
Pandemic-era restrictions did not amount to inverse condemnation as there was no taking under Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1015 (1992), Penn Central, and Cedar Point Nursery v. Hassid, 141 S. Ct. 2063, 2071 (2021).
KB Home Fort Myers LLC v. Taishan Gypsum Co., Ltd., Case No. 2D21-384 (Fla. 2d DCA 2022).
The adoption by a circuit judge of a magistrate’s report and recommendation is typically a voidable act, and accordingly, an objection to the adoption order under Florida Rule of Civil Procedure 1.540(b) must be brought within one year.
Mauriello v. The Property Owners Association of Lake Parker Estates, Inc., Case No. 2D21-500 (Fla. 2d DCA 2022).
A community association cannot state a cause of action for a mandatory injunction against a homeowner if the covenants for the association state that work is not performed by the homeowner, the association may do so and charge the homeowner for the work.
1000 Brickell, Ltd. v. City of Miami, Case No. 3D20-1046 (Fla. 3d DCA 2022).
A fee simple determinable deed to a local government is controlled by the time limitations of Florida Statute section 689.18, not section 95.36(1), and thus an action to enforce the deed’s reverter clause is of unlimited duration and not subject to a statute of limitations.
The City of Cocoa v. The Villas of Cocoa Village, LLC, Case No. 5D21-2208 (Fla. 5th DCA 2022).
A Request for Proposal (“R.F.P.”) is not a contract and the “winner” of a R.F.P. only wins the right to negotiate for a binding contract, i.e., is not guaranteed that a binding contract will ensue.
Crawford v. Grubb, Case No. 2D21-735 (Fla. 2d DCA 2022).
The summary procedure process of Florida Statute section 83.60 only applies to actions seeking eviction for nonpayment of rent; the summary procedure process of section 83.59 (including therein the right to discovery and trial) otherwise applies.
Hornsleth v. McCloud, Case No. 2D21-2074 (Fla. 2d DCA 2022).
The CDC Moratorium prevented evictions only for the non-payment of rent.
City of Homestead v. United States of America, Case No. 3D21-1280 (Fla. 3d DCA 2022).
A proceeding under the Bert J. Harris, Jr., Private Property Rights Protection Act is legislative action, and accordingly, aggrieved parties can only seek appellate remedies by filing a petition for certiorari in the circuit court.
Aersale v. Total Air Services, Inc., Case No. 3D21-1882 (Fla. 3d DCA 2022).
Fuel liens under Florida Statute section 329.41 are non-possessory liens, i.e., the lienor need not possess the aircraft in order for the lien to attach, and the recent change to statute merely clarified existing law and was not a change.
Petro Welt Trading Ges.m.b.H v. Brinkmann, Case No. 2D20-3570 (Fla. 2d DCA 2022).
The Florida Supreme Court’s reception adoption of the Apex Doctrine is not grounds for issuance of a writ of certiorari on a discovery decision as parties are free to reargue the issue back in the trial court.
Addit, LLC v. Hengesbach, Case Nos. 2D21-673, 2D21-674 (Fla. 2d DCA 2022).
An arbitration provision which is procedurally unconscionable and substantively unconscionable in some regards is still enforceable if the substantively unconscionable portions are severed pursuant to the agreement’s severance clause.
Ross-Williams v. Leali, Case No. 3D21-2259 (Fla. 2d DCA 2022).
A receiver appointed pursuant to Florida Statute sections 56.10 and 56.29 to collect a judgment cannot broaden her authority into a plenary receivership over the judgment debtor.