By Manny Farach
Week ending July 12, 2025
Benshot, LLC v. 2 Monkey Trading, LLC (In Re: 2 Monkey Trading, LLC), Case No. 23-12342 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202312342.pdf
Neither individual nor corporate debtors can discharge debts listed under § 523(a) in Subchapter V proceedings.
AST & Science LLC v. Delclaux Partners SA, Case No. 23-11985 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202311985.pdf
Federal jurisdiction over state law claims exists only in the very narrow circumstances
set forth in Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing,
545 U.S. 308 (2005): the state law claim was necessarily raised, actually disputed,
substantial, and capable of resolution in federal court without disrupting the federal-state
balance approved by Congress.
Nalco Company LLC v. Bonday, Case No. 22-13546 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202213546.pdf
Arbitrators exceed their powers – and their resulting award may be vacated – if they rule
on issues never submitted to arbitral panel.
Hillsborough County v. G.L. Acquisitions Corporation, Inc., Case No. 2D2024-1958
(Fla. 2d DCA 2025).
https://2dca.flcourts.gov/content/download/2454441/opinion/Opinion_2024-1958.pdf
A circuit court reviewing the decision of a local administrative agency on first tier
certiorari review departs from the essential requirements of law by basing its review on
a finding that the local administrative agency did not make.
Avila v. Biscayne 21 Condominium, Inc., Case No. 3D23-1616 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2454513/opinion/Opinion_2023-1616.pdf
The term “voting rights” in a declaration of condominium encompasses not only the right
to vote but additional rights such as the percentage of votes necessary to permit
termination of the condominium. Finding no “Kaufman language” in this particular case,
the court certified the following question as one of great public importance:
MAY AN AMENDMENT ALTERING THE VOTING THRESHOLD
REQUIRED TO TERMINATE A CONDOMINIUM PASS WITHOUT
UNANIMOUS APPROVAL WHERE A CONDOMINIUM DECLARATION
BOTH: (1) REQUIRES THE UNANIMOUS APPROVAL OF THE UNIT
OWNERS BEFORE EITHER TERMINATING THE CONDOMINIUM OR
PASSING ANY AMENDMENT TO THE DECLARATION OF
CONDOMINIUM ALTERING A UNIT OWNER’S “VOTING RIGHTS” AND
(2) LACKS LANGUAGE PURSUANT TO KAUFMAN V. SHERE, 347 SO.2D 627 (FLA. 3D DCA 1977), AUTOMATICALLY INCORPORATING
RELEVANT STATUTORY CHANGES INTO SUCH CONTRACTUAL
PROVISIONS?
ACF IV, LLC v. FDI Capital, LLC, Case No. 3D24-0533 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2454462/opinion/Opinion_2024-0533.pdf
Unless the context otherwise requires, private loan participation agreements are not
considered “securities” protected under section 517.12(1) of the Florida Securities and
Investor Protection Act.
De Soleil South Beach Association, Inc. v. Perrin, Case No. 3D24-0707 (Fla. 3d
DCA 2025).
https://3dca.flcourts.gov/content/download/2454466/opinion/Opinion_2024-0707.pdf
The Third District re-affirms its holding of IconBrickell Condo. No. Three Ass’n, Inc. v.
New Media Consulting, LLC, 310 So. 3d 477 (Fla. 3d DCA 2022), that common
elements cannot be disassociated from a condominium, even when -ss in this case – the
Master Declaration states the condominium portion of a mixed-use development has no
common elements.