By Manny Farach
Week ending August 31, 2024
ECB USA, INC. v. Chubb Insurance Company of New Jersey, Case No. 22-10811
(11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202210811.op2.pdf)
The Eleventh Circuit holds that the series-qualifier canon of interpretation directs that a
postpositive modifier (e.g., “for financial institutions”) modifies all the terms in a list of
parallel items.
In Re: Amendments To Florida Rules of General Practice And Judicial
Administration, Case No. SC2023-1321 (Fla. 2024).
(https://supremecourt.flcourts.gov/content/download/2439770/opinion/Opinion_SC2023-
1321.pdf)
Rules of General Practice and Judicial Administration 2.270 (Supreme Court
Committees on Standard Jury Instructions), 2.425 (Minimization of the Filing of
Sensitive Information), 2.430 (Retention of Court Records), 2.505 (Attorneys), 2.560
(Appointment of Spoken Language Court Interpreters for Non-English-Speaking and
Limited-English-Proficient Persons), and 2.565 (Retention of Spoken Language Court
Interpreters for Non-English-Speaking and Limited-English-Proficient Persons by
Attorneys or Self-Represented Litigants) are modernized.
In Re: Amendments To Florida Rules of Civil Procedure – 2024 Legislation, Case
No. SC2024-0975 (Fla. 2024).
(https://supremecourt.flcourts.gov/content/download/2439773/opinion/Opinion_SC2024-
0975.pdf)
Florida Rule of Civil Procedure Form 1.983 (Prospective Juror Questionnaire) is
amended to reflect changes to section 40.013, Florida Statutes (2023), made by chapter
2024-122, Laws of Florida, which went into effect on July 1, 2024.
Eglin Federal Credit Union v. Baird, Case No. 1D2023-1866 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2439704/opinion/Opinion_2023-1866.pdf)
Continuing to use services after receiving notification that continued use would
constitute acceptance of new contract terms, including an arbitration provision, creates
an enforceable amendment to the contract.
Week ending August 24, 2024
Colby v. Zicarelli, Case No. 1D2023-1135 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2439402/opinion/Opinion_2023-1135.pdf)
A defendant in an eviction for unpaid rent need not deposit into the court registry if she
alleges she has paid the rent; deposit into the registry is necessary only when the
defendant tenant interposes a defense other than payment.
Progressive Select Insurance Company v. Hilchey, Case No. 2D2022-3466 (Fla. 2d
DCA 2024).
(https://2dca.flcourts.gov/content/download/2439367/opinion/Opinion_2022-3466.pdf)
The Second District distinguishes the decisions of other courts to the extent they stand
for the proposition that a court lacks jurisdiction to enter an order determining that a
plaintiff is not entitled to declaratory relief or to enter an order memorializing a
confession of judgment when a declaratory judgment case is or becomes moot for lack
of a justiciable controversy.
Gershenbaum v. Wind Condominium Association Inc., Case No. 3D23-0970 (Fla.
3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2439409/opinion/Opinion_2023-0970.pdf)
An individual who owns his condominium unit through a limited liability company does
not have standing to bring suit against the association as only a unit owner can bring
suit against a condominium association for damage to the owner’s unit.
Taxinet Corp. v. Noboa, Case No. 22-12335 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202212335.pdf)
Damages for an unjust enrichment claim are calculated as either the market value of the
services or the value of the services to the party unjustly enriched but not the amount
the plaintiff hoped to receive or the cost to the plaintiff.
Week ending August 17, 2024
Calderon v. Sixt Rent A Car, LLC, Case No. 22-13539 (11th Cir. 2024).
(https://media.ca11.uscourts.
Items and provisions outside a main contract become part of the main contract when properly incorporated by reference into the main contract.
GMRI, Inc. v. Brautigan, Case No. 1D2023-2141 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/
A party may have agreed to and be bound to arbitrate disputes even though it may not have signed a written arbitration agreement.
Taboada v. Duarte, Case No. 3D23-2234 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/
The principle of judicial estoppel does not apply to resurrect a void contract if the prior case did not reach a conclusion on the same issues in controversy in the pending case.
Week ending August 10, 2024
Commodities & Minerals Enterprise, Ltd v. CVG Ferrominera Orinoco C.A., Case No. 21-14504 (11th Cir. 2024)
(https://media.ca11.uscourts.
The Federal Arbitration Act, 9 U.S.C. § 10(a), does not permit a public policy defense in opposition to confirmation of an arbitration award.
Engelke v. Logan, Case No. 2D2022-4063 (Fla. 4th DCA 2024).
(https://2dca.flcourts.gov/
A cause of action for declaratory action for ownership of a series of related business venture accrues with regard to the first business venture and not the succeeding ventures.
Concordia Ventures LLC v. ARCPE 1, LLC, Case No. 2D2023-239 (Fla. 2nd DCA 2024).
(https://2dca.flcourts.gov/
Merely arguing that a borrower is renting the property for profit while failing to pay the property taxes and HOA assessments with the collected rents without introduction of evidence of same is insufficient to sustain the appointment of a common law receiver.
YSC Florida, LLC v. Quality Built, LLC, Case No. 4D2023-0484 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/
A trial court must review a settlement agreement between a plaintiff and a settling joint tortfeasor defendant for potential setoff amounts before entering judgment against a non-settling joint tortfeasor.
Martinez v. Ring-Central, Inc., Case No. 4D2023-2175 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/
The Federal Arbitration Act’s three-month time requirement for vacating arbitration awards does not preempt the Florida Arbitration Act’s ninety-day requirement for doing so.
Week ending August 3, 2024
Affordable Aerial Photography, Inc. Property Matters USA, LLC, Case No. 23-12563 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202312563.pdf)
A defendant in a copyright infringement case which is voluntarily dismissed without prejudice under Federal Rule 41(a)(1)(A)(i) is not entitled to attorneys’ fees under 17 U.S.C. § 505 because it is not the prevailing party.
Walker v. Cape Food Properties, Case LLC, No. 1D2024-0062 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2438462/opinion/Opinion_2024-0062.pdf)
A trial court order imposing an injunction which fails to list all four requirements for an injunction is defective even if evidence of the missing requirement was adduced.
Loumpos v. Bank One, Case No. 2D2022-3908 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2438539/opinion/Opinion_2022-3908.pdf)
Later re-titling an account first opened by only one spouse as a “tenants by entireties” does not make the account a tenant by the entireties account that is exempt from the claims against the spouse that first opened the account.
The Duffner Family 2012 Irrevocable Trust v. The Lee R. Duffner Revocable Living Trust, Case No. 3D23-1626 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2438430/opinion/Opinion_2023-1626.pdf)
Florida Statute section 83.595 displaces the common law and requires that in circumstances in which the commencement of eviction proceedings is contemplated, the procurement of a writ of possession is a prerequisite to a landlord exercising the remedy under Florida Statute section 83.595(3) to “[s]tand by and do nothing, holding the lessee liable for the rent as it comes due.”
Boca View Condominium Association, Inc. v. Lepselter, Case No. 4D2023-1806 (4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2438433/opinion/Opinion_2023-1806.pdf)
The Fourth District reviews an award of attorneys’ fees totaling $232,170.67 for an association’s failure to deliver records upon a statutory request and lists permissible and impermissible fees.
Ward v. Citibank, N.A., Case No. 6D2023-2462 (Fla. 6th DCA 2024).
(https://6dca.flcourts.gov/content/download/2438550/opinion/Opinion_2023-2462.pdf)
A trial court may not enter an award of attorneys’ fees on oral testimony which lacks supporting documentary evidence.