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 and the deposit is returned.
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 forIntegrity 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. d/b/a GreenStreet Café, 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” and COVID-19 did not create a 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 not re-supplying a title commitment and whether supplying a title commitment in electronic format are questions for a jury to determine whether a party has substantially performed the contract.
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.