MidAmerica C2L Incorporated v. Siemens Energy Inc., Case No. 20-11266 (11th Cir. 2022).
The Eleventh Circuit applies the Independent Tort Doctrine to fraudulent inducement claims and further states that no Florida case recognizes rescission based on lack of consideration.
Wildes v. BitConnect International, PLC, Case No. 20-11675 (11th Cir. 2022).
The prohibition in Section 12 of the Securities Act of 1933 for soliciting the purchase of unregistered securities applies to mass-market as well as individual appeals.
In Re: Amendments to Rule Regulating The Florida Bar 4-5.5, Case No. SC21-1379 (Fla. 2022).
Rule 4-5.5 is amended to read:
[A] lawyer licensed in another United States jurisdiction does not have a regularpresence in Florida for the practice of law when the lawyer works remotely while physically located in Florida for an extended period of time if the lawyer works exclusively on non-Florida matters, and neither the lawyer nor any firm employing the lawyer hold out to the public as having a Florida presence.
Vickery v. City of Pensacola, Case No. 1D19-4344 (Fla. 1st DCA 2022).
Florida Statute section 163.045(1) authorizes residential property owners to remove trees from their property without interference from local government if the owners obtain documentationfrom an International Society of Arboriculture (ISA)-certified arborist or Florida-licensed landscape architectindicating that the trees present a danger to persons or property.
Terra Mar Property Management, LLC Wilmington Savings Fund Society, FBS, Case No. 1D21-1484 (Fla. 1st DCA 2022).
The First District agrees with the Second and Fourth District Courts of Appeal and holds that failure to pay a mortgage is a continuing default and that a lender is not barred from foreclosing on a mortgage even if the original borrower gave up all rights in the real property during bankruptcy proceedings and the lender did not initiate foreclosure within five years from that time.
Selman v. Progressive American Insurance Company, Case No. 3D21-0299 (Fla. 3d DCA 2022).
A trial court exceeds its jurisdiction when it enters relief beyond that set forth in a settlement agreement, even if the court adopted the settlement agreement and retained jurisdiction to enforce its terms.
8425 Biscayne LLC v. Pinnacle Towers LLC, Case No. 3D21-0486 (Fla. 3d DCA 2022).
A restrictive covenant is different from an easement because a restrictive covenant limits what a landowner may do with their property.
Ridard v. Massa Investment Group, LLC, Case Nos. 3D21-1238, 3D21-1239, and 3D21-1240 (Fla. 3d DCA 2022).
The third-party beneficiary doctrine enables a non-contracting party to enforce a contract against a contracting party—not the other way around and not against an agent for a disclosed principal.
DHBH Atlantic L.L.C. v. City of Delray Beach, Case No. 4D21-852 (Fla. 4th DCA 2022).
Two separate owners—holding separate legal title – cannot make a combined claim under the Bert J. Harris Act for their unified interest in platted property.