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.
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.