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  By Manuel Farach Week ending June 8, 2024 Connelly v. United States, Case No. 23–146 (2024). A corporation’s contractual obligation to redeem shares, e.g., a company buying an owner’s shares through insurance upon he owner’s death, is not necessarily a liability that reduces a corporation’s value for purposes of the federal estate tax. Truck...
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By Manny Farach Week ending May 25, 2024 Coinbase, Inc. v. Suski, Case No . 23–3 (2023). A court must decide which of two conflicting arbitration provisions in two contracts – one sending arbitrability disputes to arbitration and the other either explicitly or implicitly sending arbitrability disputes to the courts – controls. Lee v. U.S....
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by Manny Farach Week ending January 27, 2024 Shrewsbury v. Childers, Case No. 1D2023-0750 (Fla. 1st DCA 2024). A lessee under a 99-year land lease who contests whether he, as a lessee, sufficiently “owns” real property to be assessed ad valorem taxes must still contest the tax valuation within sixty days as set forth in...
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by Manuel Farach December 16, 2023 Sarasota Tennis Club Holdings, LLC v. Country Club of Sarasota Homeowners Association, Inc., Case No. 2D22-2358 (Fla. 2d DCA 2023). A party which has a right of first refusal to purchase real property does not have the right to unjustifiably interfere with the sales contract of the property on...
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by Manny Farach March 25, 2023 DeMaria v. Construction Industry Licensing Board, Case No. 1D20-2306 (Fla. 1st DCA 2023). Even if the contractor has declared bankruptcy, Florida Statute section 489.1401(2) requires a claimant seeking recovery from the Construction Industry Recovery Fund obtain a judgment, an arbitration award, or an order of restitution before the Construction...
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Florida Annual Case Update, includes all of the weekly case updates from Manny Farach for 2022
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Compiled by Manny Farach Week ending December 17 Henry v. Aim Industries, LLC, Case No. 2D22-330 (Fla. 2d DCA 2022). While a transcript of a hearing to discharge lis pendens is not always necessary for appellate review, it is required when the order on the motion to discharge does not set forth detailed facts and...
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August 6, 2022 Kim v. Galasso, Case No. 2D20-3313 (Fla. 2d DCA 2022). Trees are generally considered part of the realty, not personalty, and any contract taking planted trees out of the general rule must clearly show an intent the trees be personal property and furthermore must satisfy the statute of frauds. Perez v. The...
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June 25, 2022 Brucker v. City of Doraville, Case No. 21-10122 (11th Cir. 2022). It is not unconstitutional for a municipality to base its annual budget on the collection of code enforcement and traffic fines. Tallo v. Illes, Case No. 3D21-1206 (Fla. 3d DCA 2022). A proper predicate must be laid before a non-party is...
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July 16, 2022 Huggins v. Lueder, Larkin & Hunter, LLC, Case Nos. 20-12957, 12959, 12961, 14320, 14318, & 14319 (11th Cir. 2022). Rule 11 sanctions motions can be filed after final judgment. In Re: Amendments To Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida...
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