Week ending October 26, 2024
Evans v. Gulf Landings Association, Inc., Case No. 2D2022-3709 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2442488/opinion/Opinion_2022-3709.pdf)
A previous case must have been fully litigated and have concluded in a final judgment for the doctrine of law of the case to apply.
City National Bank of Florida v. Signature Land, Inc., Case No. 5D2023-0308 (Fla. 5th DCA 2024).
(https://5dca.flcourts.gov/content/download/2442478/opinion/Opinion_2023-0308.pdf)
The Officious Intermeddler Doctrine (there is no duty of restitution to a party who
benefits another party without being asked to do so) applies during contract negotiations such that a party that obtains rezoning of land it wants to purchase does not have a claim for restitution against the landowner when it is not able to close the purchase.
Osborne v. Drees Homes of Florida, Inc., Case No. 5D2023-2978 (Fla. 5th DCA 2024).
(https://5dca.flcourts.gov/content/download/2442482/opinion/Opinion_2023-2978.pdf)
A claim against a homebuilder for defective stucco is not subject to arbitration when the arbitration clause is limited to items covered under the homeowner limited warranty and stucco is not one of the warranted items.
Week ending October 19, 2024
Hidroelectrica Santa Rita S.A. v. Corporacion AIC, SA, Case No. 23-12519 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202312519.pdf)
Arbitrators do not exceed their powers if they are interpreting the contract, even if the interpretation may be erroneous.
BAM Trading Services, Inc. v. State of Florida, Office of Financial Regulation, Case No. 1D2023-3371 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2442217/opinion/Opinion_2023-3371.pdf)
The First District clarifies that its standard of review of agency action is based on Florida Statute section 120.68(1) and not State v. Murciano, 163 So. 3d 662, 664–65 (Fla. 1st DCA 2015).
Advanced Design & Construction Co. v. Zein, Case No. 3D22-2078 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2442035/opinion/Opinion_2022-2078.pdf)
An argument that a settlement agreement satisfied all outstanding obligations is belied by the portions of the settlement agreement which state that a portion of the judgment is non-dischargeable, that the “judgments” were released except for a set amount, and that the creditor was permitted to pursue “immediate collection.”
Lopez v. Mel-Mont Medical, LLC, Case No. 3D23-1068 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2442046/opinion/Opinion_2023-1068.pdf)
A party cannot combine damages from both the civil and criminal usury statutes, and furthermore, is limited to an award of damages from the statute which it pled.
PAJ Investment Group, LLC v. El Lago N.W. 7th Condominium Association, Inc.,
Case No. 3D23-2116 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2442109/opinion/Opinion_2023-2116.pdf)
An easement appurtenant cannot exist when the claimed easement holder is a
“stranger” to, i.e., does not own, the dominant estate even if the easement contains broad language.
Investcom Construction, LLC v. Plaza Del Prado Condominium Association, Inc.,
Case No. 3D24-1119 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2442068/opinion/Opinion_2024-1119.pdf)
A case being placed into administrative “inactive status” by the Clerk does not allow a party to revoke a later filed Notice of Voluntary Dismissal.
Calvert v. Surrency, Case No. 5D2024-1232 (Fla. 5th DCA 2024).
(https://5dca.flcourts.gov/content/download/2442228/opinion/Opinion_2024-1232.pdf)
A non-party to an arbitration agreement may, in limited circumstances compel
arbitration under estoppel principles when “(1) when the signatory’s claims allege ‘substantially interdependent and concerted misconduct’ by the signatory and the non- signatory or (2) when the claims relate directly to the contract and the signatory is relying on the contract to assert its claims against the non-signatory.”
Week ending October 12, 2024
Parrott v. Neway ( In re: Parrott), Case No. 21-10718 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202110718.pdf)
Failure to comply with the signature requirement for a federal appeal is non-
jurisdictional.
Bergeron Environmental and Recycling, LLC v. LGL Recycling, LLC, Case Nos.
4D2022-2159 & 4D2022-3155 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2441774/opinion/Opinion_2022-2159.pdf)
A broad jury trial waiver contained in a joint venture agreement which states it applies to
"any litigation based hereon or arising out of under or in connection with this agreement”
can be enforced by non-signatories in a suit regarding the agreement.
Week ending October 5, 2024
Incident365 Florida, LLC v. Ocean Pointe V Condominium Association, Inc., Case Nos. 3D22-2239, 3D22-2240 & 3D22-2241 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2441488/opinion/Opinion_2022-2239.pdf)
When considering the definitions of “contractor” in section 489.105(3) and “building contractor” in section 489.105(3)(b) and the statutory context, six of the seven contracted tasks performed by a remediation company did not require a contractor’s license.
McLane Foodservice, Inc. v. Wool, Case No. 3D24-0566 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2441510/opinion/Opinion_2024-0566.pdf)
A party seeking to depose a high-level corporate officer notwithstanding Florida Rule of Civil Procedure 1.280(h) must demonstrate that it has exhausted other discovery methods, that the existing discovery was inadequate, and that the proposed deponent has unique, personal knowledge of discoverable information.
LAD Commercial, LLC v. Eagle Trace At Vero Beach Homeowners’ Association, Inc., Case No. 4D2023-1100 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2441482/opinion/Opinion_2023-1100.pdf)
A cause of action for breach of contract accrues according to the terms of the contract, and accordingly, a claim for invoices under a contract for continuous services with no fixed time of payment remains within the statute of limitation if the underlying contract sets forth that the agreement continues to accrue at the time of withdrawal, termination of employment, or completion of services.
Rapid Surplus Refund LLC v. Ryan & Rick, LLC, Case Nos. 4D2024-0079 and 4D2024-1182 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2441512/opinion/Opinion_2024-1182.pdf)
A superior lienholder, i.e., one whose lien was recorded before the mortgage that was foreclosed, is not a “subordinate lienholder” under Florida Statute section 45.032 and is not entitled to surplus foreclosure funds over the owner of the property.
Forrey v. Marlin Construction Group, LLC, Case No. 6D2023-2559 (Fla. 6th DCA 2024).
(https://6dca.flcourts.gov/content/download/2441324/opinion/Opinion_2023-2559.pdf)
A finding of bad faith conduct to support an award of fees and costs must be predicated on a high degree of specificity in the factual findings and the amount of the award of attorneys’ fees must be directly related to the attorneys’ fees and costs that the opposing party has incurred as a result of the specific bad faith conduct.