Unicolors, Inc. v. H&M Hennes & Mauritz, L. P., Case No. 20–915 (2022).
The safe harbor of 17 U. S. C. §411(certificate of registration is valid, even though it contains inaccurate information, as long as the copyright holder lacked “knowledge that it was inaccurate”) does not distinguish between mistakes of law and mistakes of fact and a mistake of law is entitled to the safe harbor protection of the statute.
Agency for Health Care Administration v. Ybor Medical Injury & Accident Clinic, Inc.,Case No. SC20-1814 (Fla. 2022).
Florida Statute section 120.68(3) (party is entitled to a presumptive stay upon the appeal of an agency decision that “has the effect of suspending or revoking a license”) does not apply to an agency decision to administratively withdraw an incomplete application for a license renewal.
Soboh v. Hamzeh, Case No. 2D21-407 (Fla. 2d DCA 2022).
Service on an individual not operating as a sole proprietor must be made at theindividual’s abode.
New Horizons Condominium Master Association, Inc. v. Harding,Case No. 3D20-1471 (Fla. 3d DCA 2022).
The Business Judgment Rule is a rule of substantive law and need not be pleaded as an affirmative defense in order to be invoked as a defense.
Iacono v. Kingsley Arms Apartments, Inc., Case No. 3D20-1830 (Fla. 3d DCA 2022).
Without more, a landowner has no duty under either premises liability or negligence per se to install devices to diminish the possibility of persons attempting to use the landowner’s rooftop to attempt suicide.
Callava v. Yon,Case No. 3D21-1376 (Fla. 3d DCA 2022).
A real estate sales contract with the following language requires an escrow agent to disburse the deposit to the non-breaching party:
Closing date shall be on or before 45 days from the effective date. An initial deposit of $50,000 shall be paid at the time of signing. An additional deposit of $50,000 shall be made to Escrow agent 5 days from the effective date. In the event, Buyer does not close as per contract, Seller will retain all deposits paid or agreed to be paid by Buyer. Seller and Buyer authorize Escrow Agent or Closing Agent (collectively “Agent”) to receive, deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the terms of this Contract. In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the executionof this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seekspecific performance.