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Business Litigation and Real Property Case Updates, January 2021

January 2, 2021

January 9, 2021

January 16, 2021

January 23, 2021

January 30, 2021

January 25, 2021

Citizens Property Insurance Corporation v. Manor House, LLC, Case No. SC19-1394 (Fla. 2021).

Consequential damages such as lost rent are typically not covered by insurance policies and are reached through a bad faith action under Florida Statute section 624.155.

In Re: Amendments To The Florida Rules of Judicial Administration—2020 Regular-Cycle Report, Case No. SC20-165 (Fla. 2021).

Substantial changes to the Florida Rules of Judicial Administration, including renaming the body of rules to “Florida Rules of General Practice and Judicial Administration” to reflect the rules apply to attorneys and judges, as well as details on disqualification of judges, and rules on appearance and termination of attorneys in litigated matters.

In Re: Amendments To Florida Rule of Judicial Administration 2.420, Case No. SC20-1765 (Fla. 2021).

Clerks of court are no longer required to identify and designate confidential information in certain cases.

Moise v. Ola Condominium Association, Inc., Case No. 3D20-143 (Fla. 3d DCA 2021).

The Litigation Privilege does not prohibit the filing of counterclaims against an attorney for violations of the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.

Ferro v. ECI Telecom, Inc., Case No. 3D20-1334 (Fla. 3d DCA 2021).

Certiorari is the proper method to seek relief from being forced to litigate the same case in two different fora.

The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida v. Waterfront ICW Properties, LLC, Case No. 4D19-3240 (Fla. 4th DCA 2021).

Man-made canals as of March 3, 1845 are not “navigable waters” and thus not sovereign lands of the state of Florida.

January 19, 2021

City of Chicago v. Fulton, Case No. 19–357 (2021).
The mere retention of estate property after the filing of a bankruptcy petition does not violate the automatic stay under 11 U.S.C. §362(a)(3) of the Bankruptcy Code.

United States of America ex rel Bibby v. Mortgage Investors Corporation, No. 19-12736 (11th Cir. 2021).
The False Claims Act, 31 U.S.C. § 3729(a)(1)(A)–(B), does not impart standing Article III to claimants seeking avoidance of fraudulent claims.

R.J. Reynolds Tobacco Company v. Bessent-Dixon, Case No. 1D19-1995 (Fla. 1st DCA 2021).
A claimant seeking to prove the intentional tort of conspiracy to fraudulently conceal information must prove she relied to her detriment on a false statement by the defendant.

Ramos v. Mississippi Real Estate Dispositions, LLC, Case No. 3D19-2513 (Fla. 3d DCA 2021).
Despite the equitable powers granted to judgment creditors by Florida Statute section 56.29(6), a judgment creditor executing a judgment on a judgment debtor’s interest in a multi-member limited liability is constrained by Florida Statute section 605.0503 and may only levy a charging lien.

National Medical Imaging, LLC v. Lyon Financial Services, Inc., Case No. 3D20-730 (Fla. 3d DCA 2021) (en banc).
The Third District recedes from Shop in the Grove, Ltd. v. Union Federal Savings & Loan Ass’n of Miami, 425 So. 2d 1138 (Fla. 3d DCA 1982), and holds that the automatic stay under 11 U.S.C. 362 applies even when the bankruptcy debtor is the appellant.

Amezcua v. Cortez, Case No. 3D20-1649 (Fla. 3d DCA 2021).
Florida recognizes international foreign judgments pursuant to Florida Statute section 55.064 while general principles of comity allow for the discretionary enforcement of certain interlocutory rulings.

January 13, 2021

Black Knight Servicing Technologies, LLC PennyMac Loan Services, LLC, Case No. 1D20-1492 (Fla. 1st DCA 2021).

The filing of a separate lawsuit raising separate claims against a separate entity does not establish an evidentiary basis of a party’s intent to relinquish the right to arbitration.

Money v. Home Performance Alliance, Inc., Case No. 2D19-1642 (Fla. 2d DCA 2021).

The Florida Deceptive and Unfair Trade Practices Act, Florida Statute sections 501.201-.213, require a judgment in favor of the party complaining of the violation notwithstanding that the complaining party reached a favorable settlement under Florida Statute Section 768.79 and Florida Rule of Civil Procedure 1.442; Mady v. DaimlerChrysler Corp., 59 So. 3d 1129, 1133 (Fla. 2011), is distinguished.

Gleman v. MWH Americas, Inc., Case Nos. 4D19-2280 and 4D19-2923 (Fla. 4th DCA 2021).

A Motion to Dismiss for Fraud on the Court due to inconsistent statements in an earlier suit bears a higher burden than a Motion to Strike Sham Pleading, and the fraud must be demonstrated through a “‘clear showing of fraud, pretense, collusion, or similar wrongdoing.”

Nunes v. Herschman, Case No. 4D19-2798 (Fla. 4th DCA 2021).

A deposition is not a “judicial proceeding” under Florida Statute section 92.57, (“[a] person who testifies in a judicial proceeding in response to a subpoena may not be dismissed from employment because of the nature of the person’s testimony . . . .”) and thus an employee may be dismissed for testimony arising out of the deposition.

Oakmont Custom Homes, LLC v. Billings, Case No. 4D20-1263 (Fla. 4th DCA 2021).

The transfer of home warranties as part of a sales transaction by a seller to a purchaser does not equal agreement by the purchaser to the arbitration provision contained in the home warranty.

Jacocks v. Capital Commercial Real Estate Group, Case No. 4D20-1512 (Fla. 4th DCA 2021).

A third-party beneficiary who does not sign a contract which contains an arbitration agreement may be bound to the arbitration agreement, but only if he is suing to enforce the contract which contains the arbitration agreement.

 

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