By Manuel Farach
Week ending November 30, 2024
City of Gulf Breeze v. Brown, Case No. SC2022-0741 (Fla. 2024).
https://supremecourt.flcourts.gov/content/download/2444075/opinion/Opinion_SC2022-
0741.pdf
A municipality’s management agreement for a golf course permitted the municipality to retain extensive control of the property and operations and thus satisfied the requirement of Article VII, Section 3(a) of the Florida Constitution which provides that property owned and “used exclusively by” a municipality in order to be exempt from taxation.
Coury v. City of Tampa, Case No. 2D2023-2165 (Fla. 2d DCA 2024).
https://2dca.flcourts.gov/content/download/2444010/opinion/Opinion_2023-2165.pdf
A defendant moving for summary judgment based on the lack of evidence is not required to set forth evidence under Rule 1.510 that shows an absence of evidence to support plaintiff’s claim.
J.B. Harris, P.A. v. Virage Capital Management LP, Case No. 3D24-0334 (Fla. 3d
DCA 2024).
https://3dca.flcourts.gov/content/download/2444067/opinion/Opinion_2024-0334.pdf
The stock of law firms may be levied upon by creditors, and there is no exemption from
levy based on the types of cases the law firm handles.
Carbonell LLC v. North American Trading Group, Inc., Case No. 3D24-1763 (Fla. 3d
DCA 2024).
https://3dca.flcourts.gov/content/download/2444084/opinion/Opinion_2024-1763.pdf
A successful bidder at a foreclosure sale is permitted to intervene in post-judgment proceedings which seek to vacate the foreclosure sale judgment.
D Electrician Technical Services, Inc. v. Tony, Case No. 4D2023-0673 (Fla. 4th DCA
2024).
https://4dca.flcourts.gov/content/download/2444058/opinion/Opinion_2023-0673.pdf
An underground utility and excavation contractor license under Florida Statutes section
489.105(3)(n)) is not required for excavation related to electrical work as section
489.537(2)(a) specifically permits electrical contractors to perform excavation and other
related work incidental to their electrical installations.
Grand Harbor Golf & Beach Club, Inc. v. Grand Harbor Golf Club, LLC, Case No.
4D2023-1378 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2444065/opinion/Opinion_2023-1378.pdf
Generally, a contractual duty to maintain property “in good working order, ordinary wear
and tear excepted” does not include an obligation to replace assets that have aged beyond their useful life such they can no longer be repaired.
Udell v. Udell, Case No. 4D2023-1662 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2444063/opinion/Opinion_2023-1662.pdf
A contract provision cannot preclude rescission on the basis of fraud in the inducement
unless the contract provision explicitly states that fraud is not a ground for rescission.
Week ending November 23, 2024
U.S. Bank Trust, N.A. v. Rodriguez, Case No. 2D2023-1694 (Fla. 2d DCA 2024).
https://2dca.flcourts.gov/content/download/2443744/opinion/Opinion_2023-1694.pdf
A party seeking to reestablish a lost promissory note under Florida Statutes section
673.3091(1) need only establish the three factors under the statute and does not need
to prove "how the note was lost, nor the circumstances surrounding its loss.”
Jones v. Bank Of America, N.A., Case No. 4D2023-2648 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2443660/opinion/Opinion_2023-2648.pdf
The Florida Supreme Court’s 2023 amendments to Florida Rule of Civil Procedure
1.530(a) have superseded the requirements of a trial court to set forth factual findings of
the Rowe factors as set forth in Guardianship of Halpert v. Rosenbloom, 698 So. 2d
938, 939 (Fla. 4th DCA 1997) (“the lack of a transcript did not preclude appellate review
because the order was fundamentally erroneous on its face for failing to make express
findings concerning the Rowe factors”) and Delmonico v. Crespo, 127 So. 3d 576,
578–79 (Fla. 4th DCA 2012) ( “[a]n order awarding attorney’s fees is fundamentally
erroneous on its face when the trial court fails to make specific findings”).
November 16, 2024
Day v. Hydrologic Distribution Company, Case No. 2D2024-0910 (Fla. 4th DCA
2024).
https://2dca.flcourts.gov/content/download/2443432/opinion/Opinion_2024-0910.pdf
Substantial customer relationships, confidential information, and employee training and
retention and computer software that allows users to access important vendor
information, including sales history, customer spending habits, and credit limits are
legitimate business interests subject to protection under Florida Statutes section
542.335.
Toorak Capital Partners, LLC v. Capital Servicing Company, LLC, Case No.
2D2023-1089 (Fla. 2d DCA 2024).
https://2dca.flcourts.gov/content/download/2443257/opinion/Opinion_2023-1089.pdf
A party seeking to impose liability on a contract as modified must plead and prove the
modification agreements as well as the original contract.
Straub, Seaman & Allen, P.C. v. Ellis, Case No. 2D2024-0230 (Fla. 2d DCA 2024).
https://2dca.flcourts.gov/content/download/2443259/opinion/Opinion_2024-0230.pdf
Neither the recording of telephone conversation in a state where such is legal nor the
providing of discovery answers reflecting such a conversation is a violation of Florida
Statutes section 934.03(1)(c) and (d).
Vitalia at Tradition Residents’ Association, Inc. v. Vitalia at Tradition, LLC, Case
No. 4D2023-1203 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2443316/opinion/Opinion_2023-1203.pdf
To the extent that doing so conflicts with Florida Statutes section 720.308(1), previously
recorded community association cannot excuse a developer from paying assessments
post-turnover.
Primecare Network, Inc. v. Payroll LLC. Case Nos. 4D2024-0572 and 4D2024-0815
(Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2443348/opinion/Opinion_2024-0572.pdf
A clerk of court is not permitted to treat an affidavit filed pro se by the president of a
defendant corporation is a legal nullity and enter a default under Florida Rule of Civil
Procedure 1.500 as no paper having been filed.
Week ending November 9, 2024
In Re: Amendments To Florida Rule of General Practice and Judicial
Administration 2.535, Case No. SC2023-1170 (Fla. 2024).
https://supremecourt.flcourts.gov/content/download/2443082/opinion/Opinion_SC2023-
1170.pdf
The Florida Supreme Court amends the Rules of General Practice regarding transcripts.
Bessey v. Department of Business & Professional Regulation, Construction
Industry Licensing Board, Case No. 2D2023-1273 (Fla. 2d DCA 2024).
https://2dca.flcourts.gov/content/download/2442944/opinion/Opinion_2023-1273.pdf
Florida Statute section 489.141(1)(a) and (d) requires a claimant to the Homeowners’
Construction Recovery Fund first reduce the amount of their damages to a civil
judgment, arbitration award, or restitution order in order to be paid from the fund.
Abramov v. NextGear Capital, Inc., Case No. 3D24-0317 (Fla. 3d DCA 2024).
https://3dca.flcourts.gov/content/download/2443039/opinion/Opinion_2024-0317.pdf
Florida Statute section 77.041(1) does not require a defendant to specifically state on
the form seeking exemption from garnishment that “the funds were protected by
tenancy by the entireties.”
Kajaine Capital, Inc. v. Abouzeid, Case No. 4D2023-1525 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2442990/opinion/Opinion_2023-1525.pdf
A plaintiff may not recover twice for the same damages that arise from breach of
fiduciary duty and breach of contract counts.
Navy Federal Credit Union v. Veros Credit, LLC, Case No. 4D2023-2902 (Fla. 4th
DCA 2024).
https://4dca.flcourts.gov/content/download/2443001/opinion/Opinion_2023-2902.pdf
Florida Statutes section 77.083 requires a trial court first determine it has jurisdiction
over to resolve the disputed question of whether it has subject matter jurisdiction over the
garnished property before entering judgment.
La Fiduciaria, S.A. v. Portuguez, Case No. 5D2023-3028 (Fla. 5th DCA 2024)
https://5dca.flcourts.gov/content/download/2443137/opinion/Opinion_2023-3028.pdf
A declaration pursuant to Florida Statutes section 92.525(1)(c), (2) is sufficient to
constitute an “affidavit” for purposes of contesting long-arm jurisdiction under Venetian
Salami Co. v. Parthenais, 554 So. 2d 499 (Fla. 1989).
Week ending November 2, 2024
VFS Leasing Co. v. Markel Insurance Company, Case No. 22-13338 (11th Cir.
2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202213338.pdf)
Pursuant to Florida Statute section 673.4141(3), a drawer is discharged of its payment
obligation when a jointly issued check is accepted by a drawee bank.
In Re: Amendments To The Florida Rules For Court Appointed Arbitrators, Case
No. SC2024-0442 (Fla. 2024).
(https://supremecourt.flcourts.gov/content/download/2442769/opinion/Opinion_SC2024-
0442.pdf)
Florida Rule for Court-Appointed Arbitrators 11.010 is amended to clarify that sole or
chief court-appointed arbitrator must be a member in good standing of The Florida Bar
for the preceding five years unless the parties agree in writing that the sole or chief
court-appointed arbitrator may be an individual who has been for the preceding five
years a member in good standing and eligible to practice law in any United States
jurisdiction, and a non-licensed individual who is not currently disbarred or suspended
from practice in any jurisdiction may serve as a non-chair arbitrator on an arbitration
panel with the written agreement of all parties.
In Re: Amendments To Rules Regulating The Florida Bar – Rule 6-10.3, Case No.
SC2024-0964 (Fla. 2024).
(https://supremecourt.flcourts.gov/content/download/2442770/opinion/Opinion_SC2024-
0964.pdf)
The Florida Supreme Court approves minor revisions of the Bar's proposal for pro bono
credit and holds that Florida Bar members can earn up to one hour of general credit
hour for every hour of pro bono service up to a total of 5 credits per 3-year cycle.
KAC 2021-1, LLC v. American Homes 4 Rent Properties One, LLC, Case No.
2D2023-1384 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2442653/opinion/Opinion_2023-1384.pdf)
The posting of a Three Day Notice under Florida Statutes Chapter 83 is protected by
the litigation privilege and thus the posting of the notice – face out – for nonpayment
rent does not violate the section 559.72 of Florida Consumer Collection Practices Act.
Lent v. The Everglades Foundation, Inc., Case No. 3D23-1135 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2442715/opinion/Opinion_2023-1135.pdf)
Violation of a temporary injunction, in this case to prohibit destroying, copying and/or
disseminating any materials or confidential information of movant, can result in an order
of indirect criminal contempt under Rule of Criminal Procedure 3.840.
The River Front Master Association, Inc. v. North Investment Group, LLC, Case
No. 3D23-1472 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2442717/opinion/Opinion_2023-1472.pdf)
Removing a tenant’s advertising signs and tinting the tenant’s windows to avoid further
window advertising – both without consent – do not sufficiently shock the conscience to
permit an award of punitive damages.
Wells Fargo Bank, N.A. v. Gopher, Case No. 4D2023-2442 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2442685/opinion/Opinion_2023-2442.pdf)
Breach of a fiduciary duty, standing alone and without additional acts such as fraud,
malice, or other misconduct, is not sufficient to award punitive damages.