Tribeca Asset Management, Inc. v. Ancla International, S.A., Case No. SC21-24 (Fla. 2022).
The language that “[t]his agreement will be governed by the laws of the State of Florida of the United States of America (USA), a jurisdiction accepted by the parties irrespective of the fact that the principal activity of the beer project will be conducted in Colombia” indicates a choice of law provision and not a forum selection clause.
Taneja v. First Street And Fifth Avenue, LLC, Case No. 2D20-679 (Fla. 2d DCA 2022).
The Doctrine of Law of the Case holds that once an appeal has been taken, the decision onappeal becomes “the law of the case,” and, on remand, no amendmentsto the pleadings can be made to present new and different issuesof fact or law.
NM Residential, LLC v. Prospect Park Development, LLC, Case No. 2D20-3012 (Fla. 2d DCA 2022).
A contract which purports to waive claims for fraud must specifically state that claims for fraud are being waived and not merely disclaimed.
George Vargas, M.D., P.A. v. VitraGosine, M.D., LLC, Case No. 4D20-2462 (Fla. 4th DCA 2022).
An order compelling compliance with certain provisions of a settlement agreement but does not specify exactly what disputed issues were being settled nor dismiss the lawsuit is a non-final order not capable of appeal as it appears trial court judicial labor is not at end.
Walsh v. Abate, Case No. 4D21-1463 (Fla. 4th DCA 2022).
Extensive electronic communications are not sufficient to comprise an enforceable contract that is subject to the Statute of Frauds, e.g., a contract for the sale of real estate.