Vintage Motors Of Sarasota, Inc. v. MAC Enterprises Of North Carolina, LLC, Case No. 2D21-590 (Fla. 2d DCA 2022).
Attorney’s fees are not “actual damages” under FDUTPA or “damages” in a common law breach of fiduciary duty claim.
Monroe County v. Ashbritt, Inc.,Case No. 3D20-553 (Fla. 3d DCA 2022).
When the state has entered into a contract authorized by its powers under general law, sovereign immunity will not protect from damages for breach but does precludesrecovery of the cost of extra work where claims for that extra work are “totally outside” the terms of the contract.
Akerman LLP v. MSP Recovery Claims, Series LLC, Case No. 3D21-1198 (Fla. 3d DCA 2022).
Opposing party has no standing to seek disqualification of law firm’s counsel that was hired to defend an earlier motion to disqualify the law firm.
Sakowitz v. Waterside Townhomes Community Association, Inc.,Case No. 3D21-1453 (Fla. 3d DCA 2022).
While general law holds that contracts must be accepted within a reasonable time, a time period of eighty-five days to accept a settlement offer is reasonable in light of the fact that the negotiations occurred during the pandemic.
West Bay Plaza Condominium Association, Inc. v. Sika Corporation,Case No. 3D21-1834 (Fla. 3d DCA 2022).
Non-signatories to a contract containing a forum selection clause may be forced to comply with the forum selection clause when the claims arise directly from the contract.
Shader v. ABS Healthcare Services, LLC, Case Nos. 3D21-2344 & 3D21-2437 (Fla. 3d DCA 2022).
During the pendency of an arbitration, the arbitration panel – not the trial court – has the authority to decide confidentiality issues arising from a court order entered prior to the arbitration commencement.
Hallandale Plaza, LLC v. New Tropical Car Wash, LLC, Case No. 4D21-1445 (Fla. 4th DCA 2022).
The following lease provision requires the payment of “additional rent”, and pursuant to Florida Statute section 83.22 deposit into the Registry of the Court if the tenant wishes to contest an eviction action for non-payment of rent:
Tenant shall pay, as additional Rent (“Additional Rent”), prorated for the part of the Lease Term within the applicable calendar year, Tenant’s Percentage Share (“Tenant’s Percentage Share”), as hereafter defined, of the total amount of (i) the annual operating expenses (“Operating Expenses”), as hereafter defined and (ii) the annual taxes (“Taxes”) for the Building.
Herffv. Weston Properties, LLC, Case No. 4D21-2668 (Fla. 4th DCA 2022).
The act of renting a single residential property in Florida does not arise to the level of a general course of business activity to allow service on the Secretary of State under Florida Statute section 48.181(1).