Prepared by Manny Farach
Week ending July 27, 2024
Williams IP Holdings, LLC v. Schwarz, Case Nos. 3D23-2180 & 3D23-2260 (Fla. 3d
DCA 2024).
(https://3dca.flcourts.gov/content/download/2438100/opinion/Opinion_2023-2180.pdf)
A contract proposal is subsumed into the final contract and the terms of the contract
control over conflicting provisions in a proposal.
Week ending July 20, 2024
Level 8 Management, Inc. v. Wildflower Legacy and Wealth Planning, LLC, Case
No. 2D2023-2070 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2437349/opinion/Opinion_2023-2070.pdf)
Factors to consider in deciding whether specific long-arm jurisdiction under Florida
Statute section 48.191(1) include the presence and operation of an office in Florida, the
possession and maintenance of a license to do business in Florida, the number of
Florida clients, and the percentage of overall revenue gleaned from Florida clients.
Marshall v. MacWilliam, Case No. 4D2022-1571 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2437374/opinion/Opinion_2022-1571.pdf)
The Rule Against Perpetuities is inapplicable to stockholder redemption agreements
under both New York and federal law.
Buyer’s Choice Auto Sales, LLC v. Palm Beach Motors, LLC, Case No. 4D2023-
0147 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2437383/opinion/Opinion_2023-0147.pdf)
Notwithstanding that a lease has been cancelled due to fraud and misrepresentation, a
tenant that remains in possession is obligated to pay rent unless the premises are
wholly untenantable.
Week ending July 13, 2024
In Re: Amendments To Florida Rules of Civil Procedure – 2023 Legislation, Case No. SC2023-1677 (Fla. 2024).
The Florida Supreme Court adopts a form complaint to quiet title in response to the enactment of Florida Statute section 65.091 (right to summary procedure in actions to quiet title based on a fraudulent attempted conveyance).
F.V. de Araujo S.A. Madeiras, Agricultora, Industria e Comercio v. Dantzler Lumber & Export Co., Case No. 3D22-1618 (Fla. 3d DCA 2024).
An out of country judgment sought to be recognized pursuant to Florida’s Uniform Out-of-Country Foreign Money-Judgment Recognition Act, Florida Statute sections 55.601-07, must be a final judgment and must contain a money component.
Valdes v. City of Marathon, Case No. 3D23-1484 (Fla. 3d DCA 2024).
Appellate court analysis under second-tier certiorari is limited to reviewing the circuit court and not the lower tribunal proceedings, i.e., there is no review whether the decision of the lower tribunal was supported by substantial competent evidence, and whether there was departure from the essential requirements of law, i.e., a violation of law which results in a miscarriage of justice that is more than simple legal error.
Distressed Investments, LLC v.US Bank Trust, N.A. Case No. 4D2023-190 (Fla. 4th DCA 2024).
A lender is entitled to disbursement of surplus sale proceeds as reimbursement for additional post-judgment advances so long as the final judgment retained jurisdiction to enter such post-judgment orders and the request was made prior to the clerk filing the Certificate of Disbursements.
Week ending July 6, 2024
Moody v. NetChoice, LLC, Case No. 22–277 (2024).
Not every action taken by a social media company is protected by the First Amendment
but not every regulation will necessarily withstand First Amendment scrutiny; remand to
the circuit courts to evaluate the facial challenges to the laws.
In Re: Amendments To Florida Rules of Civil Procedure 1.080 and 1.310, Case No.
SC2023-1678 (Fla. 2024).
Minor changes to Rules of Civil Procedure 1.080 and 1.310.
In Re: Amendments To Rules Regulating The Florida Bar – Rule 1-3.3, Case No.
SC2024-0493 (Fla. 2024).
Rule 1-3.3 is amended to require all members of the Florida Bar to maintain an email
account and internet service unless excused from e-service by the court.
Lawnwood Medical Center, Inc. v. Rouse, Case No. 4D2022-263 (Fla. 4th DCA
2024).
The Fourth District recedes from prior precedent and holds an arbitration decision is
final under Florida Statutes section 44.103(5) unless a request for trial de novo is filed
within twenty days or excusable neglect is shown; conflict certified with de Acosta v.
Naples Community Hospital, Inc., 300 So. 3d 264 (Fla. 2d DCA 2019), and Beyond
Billing, Inc. v. Spine & Orthopedic Center, P.C., 362 So. 3d 256 (Fla. 2d DCA 2023).