Morgan v. Sundance, Inc., Case No. 21–328 (2022).
Federal courts interpreting the Federal Arbitration Act cannot add additional conditions to the Act, and accordingly, may not require a showing of prejudice to establish a party waived its right to arbitrate.
United States Pipe and Foundry Company, LLC v. Holland (In Re: United States Pipe & Foundry Co.), Case No. 20-13832 (11th Cir. 2022).
Under 11 U.S.C. § 1141(d)(1), (1)(A), a plan of reorganization discharges a debtor from all claims “that arose before” plan confirmation unless the plan itself excludes those claimsso obligations fixed before the bankruptcy court confirmed the plan of reorganization (e.g., to provide health-care benefits) are discharged by the plan.
SA Palm Beach, LLC v. Certain Underwriters at Lloyd’s London, Underwriters at Lloyds of London Known As Syndicates CNP 4444, Case No. 20-14812 (11th Cir. 2022).
Sitting “in effect, . . . as a state court[,]” under Comm’r v. Estate of Bosch, 387 U.S. 456, 465 (1967), the Eleventh Circuit follows the majority view and holds under Florida law there is no coverage under all-risk insurance policies for governmental closures arising as a result of the COVID-19 pandemicbecause the pandemic did not cause a tangible, physical alteration of the insured properties.
Shim v. Buechel, Case No. SC21-249 (Fla. 2022).
In proceedings supplementary under Florida Statutes section 56.29(6), a trial court may order a defendant over whom it has in personam jurisdiction to act on property controlled by the defendant even though the property may be outside the jurisdiction of the court.
In Re: Amendments to Florida Rule of Civil Procedure 1.442, Case No. SC21-277 (Fla. 2022).
Florida Rule of Civil Procedure 1.442 is amended to exclude conditions regarding nonmonetary terms other than voluntary dismissal of all claims with prejudice or any other nonmonetary terms permitted by statute.
Wootton v. Iron Acquisitions, LLC, Case No. 2D21-2229 (Fla. 2d DCA 2022).
A landlord seeking to claim on a security deposit must strictly comply with Florida Statute section 83.49.
Sands v. Anti-Money Laundering & Financial Crimes Institute, LLC, Case No. 3D21-1852 (Fla. 3d DCA 2022).
A trial court must conduct an evidentiary hearing to determine the appropriate amount of bond appropriate for enforcing a restrictive covenant.
Johansson v. Miami-Dade County Value Adjustment Board, Case No. 3D21-2170 (Fla. 3d DCA 2022).
A Value Adjustment Board has quasi-judicial immunity and may not be sued for its decisions; the proper party to any such suit is a claim against the property appraiser under Florida Statute section 194.171.
Colombo v. Robertson, Anschutz & Schneid, P.L., Case No. 4D20-1719 (Fla. 4th DCA 2022).
The Fourth District follows U.S. Bank Trust, N.A v. Leigh, 293 So. 3d 515 (Fla. 5th DCA 2019), and holds that the standard mortgage allows recovery of attorney’s fees incurred by the lender in a previous suit, even if the lender was not successful in the prior suit.
Ford Motor Credit Company, LLC v. Parks, Case No. 1D21-1130 (Fla. 1st DCA 2022).
It is the responsibility of litigants to provide legible copies of legal instruments to the trial court, but the appellate court may substitute its opinion as to what a difficult to read instrument says if the words are discernable.
Lee County Clerk of Court v. Gavidia, Case No. 2D21-35 (Fla. 2d DCA 2022).
A Clerk of Court cannot be ordered to return a statutory registry deposit fee required under Florida Statute section 28.24, even if the foreclosure sale which created the deposit is canceled.
Davis v. Mishiyev, Case No. 2D21-1726 (Fla. 2d DCA 2022).
The Second District re-affirms its holding that a party in a SLAPP suit under Florida Statute section 768.295 is entitled to certiorari review of an order on motion to dismiss the suit; conflict certified with WPB Residents for Integrity in Gov’t, Inc. v. Materio, 284 So. 3d 555, 559-61 (Fla. 4thDCA 2019), on the issue of irreparable harm for certiorari purposes.
Commodore, Inc. v. Certain Underwriters at Lloyd’s London, Case No. 3D21-0671 (Fla. 3d DCA 2022).
An all-risk insurance policy does not cover COVID-19 related claims when the policy requires “direct physical loss” asCOVID-19 virus did not create tangible alteration to the insured property.
Amersham Enterprises, Inc. v. Hakim-Daccach, Case No. 3D21-1036 (Fla. 3d DCA 2022).
A court may deny a party’s request for court relief until the requesting party has purged itself of a contempt order, and accordingly, a court may deny a request to compel arbitration until an outstanding contempt order has been purged.
Wolfe v. 224 Via Marila, LLC, Case No. 4D21-1312 (Fla. 4th DCA 2022).
Whether a party substantially performed a contract is a question for a jury, and accordingly, a jury must determine whether a seller substantially performed under a real estate sales contract despite supplying a title commitment in electronic format and not re-supplying anew title commitment after the passage of significant time after delivery of the first title commitment.
Richman v. Calzaretta, Case No. 5D21-1307 (Fla. 5th DCA 2022).
Florida Statute section 607.1604(1) (attorney’s fees authorized for a shareholder obtaining corporate records) does not authorize an award of fees incurred during garnishment proceedings.
Ortuzar v. Foley, Case No. 2D21-1262 (Fla. 2d DCA 2022).
The Landlord-Tenant Act awards attorney’s under Florida Statute section 83.48 fees to a prevailing party who obtains a “judgment or decree” so a defendant is not entitled to attorney’s fees when a plaintiff voluntarily dismisses a suit without a judgment or decree being entered.
Llanso v. SHEDDF2-FL3, LLC, Case No. 3D21-783 (Fla. 3d DCA 2022).
A written credit agreement does not ensue if a borrower fails to comply with the conditions precedent for forming the agreement, and any oral agreements are barred by the Banker’s Statute of Frauds under Florida Statute section 687.0304.
Wilmington Trust, N.A. v. Serpa, Case No. 3D21-1835 (Fla. 3d DCA 2022).
Florida Statute section 201.08(1)(b) precludes the enforcement of a mortgage, trust deed, or other instrument where documentary stamp taxes have not been paid, and upon proof of failure to pay, a trial court should abate the action or dismiss without prejudice to allow the lender to pay the outstanding tax.
Nazarova v. Nayfeld, Case No. 3D21-1940 (Fla. 3d DCA 2022).
An attorney’s fees provision in a lease entitling a party to fees “to enforce the Lease” is not a broad-enough fees provision to allow for “fees for fees,” i.e., litigation the amount of attorney’s fees.
A. Alexis Varela, Inc. v. Pagio, Case No. 5D21-2077 (Fla. 5th DCA 2022).
The requirement that contractor’s final affidavit under Florida Statute section 713.06(3)(d) be delivered at least five days before filing suit requires that, when counting, either the beginning date or the terminal date be excluded.
Koung v. Giordano, Case No. 1D20-724 (Fla. 1st DCA 2022).
A pre-existing statutory obligation is not a per se condition of a settlement agreement and failure to comply with the statutory obligation does not vitiate the settlement agreement.
Mongelli v. Florida Health Sciences Center, Inc., Case No. 2D21-3577 (Fla. 2d DCA 2022).
A trial judge’s referral of a party’s counsel to the local professionalism panel forcounseling inprofessionalism and assistance in anger management and does not create a “well-founded fear” in the party represented by counsel that they would fail to receive a fair and impartial trial.
Lecorps v. Star Lakes Association, Inc., Case No. 3D21-2195 (Fla. 3d DCA 2022).
The board of directors of a seventeen-building consolidated condominium association may order a special assessment against all unit owners for the reconstruction of one building destroyed by fire and is not required to limit the assessment to the unit owners of the destroyed building.
District Advisory Board of The Southern Florida District, Church of The Nazarene, Inc. v. Centro de Alabanza Oasis West Palm Beach, Inc., Case No. 4D21-756 (Fla. 4th DCA 2022).
The Ecclesiastical Doctrine prevents a court from intervening in the internal church decisions of a hierarchical church, including questions regarding real estate.
Massage Envy Franchising, LLC v. Doe, Case No. 5D20-1794 (Fla. 5th DCA 2022).
An agreement to arbitrate disputes is enforceable even if the arbitration provision is contained in electronic intake forms with which the user agreed through “clickwrap.”