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” the “order confirming the plan” less the plan itself excludes those claims so obligations fixed before the bankruptcy court confirmed the plan of reorganization, i.e., to provide health-care benefits are discharged by the plan.
SA Palm Beach, LLCv. 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 ofCOVID-19 because COVID-19 did not cause a tangible, physical alteration of the insured properties.
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 amount of the bond to impose 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. as Trustee for LSF9 Master Participation Trust v. Leigh, 293 So. 3d 515 (Fla. 5th DCA 2019), and holds that the following language 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:
Borrower’s Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued . . .. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys’ fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender’s interest in the Property and rights under this Security Instrument . . ..