By Manny Farach
Week ending September 21, 2024
Turner v. Jordan, Case No. 22-13159 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202213159.pdf)
Federal courts apply comity and decline to intervene in cases involving states
administering their taxing laws even if the claim is made under § 1983.
Celebrity Actors Camp, Inc. v. Bredbenner, Case No. 2D2023-1742 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2440795/opinion/Opinion_2023-1742.pdf)
Strict compliance with Florida Statute section 48.031(6)(a) (service on private mailbox) is required, including showing that the only address discoverable through public records for the corporation, its officers, directors, or registered agent was a private mailbox.
Fabre v. 4647 Block, LLC, Case No. 3D24-387 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2440889/opinion/Opinion_2024-0387.pdf)
An order titled “Final Judgment of Eviction” arising from a multi-count complaint is not “final” for appellate purposes but may be appealed as a “non-final order” under Florida Rule of Appellate Procedure 9.130.
Seritage SRC Finance, LLC v. The Town Center at Boca Raton Trust, Case No. 4D2023-0982 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2440874/opinion/Opinion_2023-0982.pdf)
Interpreting a buy-out provision in a reciprocal easement agreement, a majority of the panel applied a plain meaning test and held the word “retail” consistent with its plain meaning and concluded that, as used in the agreement, the term did “not include theproposed restaurants, entertainment services, and/or fitness clubs” that appellant proposed to develop. Additionally, the court interpreted “to be used” as “refer[ing] to anticipatory use, rather than a prior or active use.”
Week ending September 14, 2024
OHI Asset (VA) Martinsville SNF, LLC v. Wagner, (In re: Wagner), Case No. 22-
13642 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202213642.pdf)
A district court reviewing a bankruptcy court judgment must defer to the bankruptcy
court’s credibility determinations.
In Re: Amendments To The Florida Rules for Certified and Court-Appointed
Mediators, Case No. SC2023-1537 (Fla. 2024).
(https://supremecourt.flcourts.gov/content/download/2440354/opinion/Opinion_SC2023-
1537.pdf)
The Florida Supreme Court modifies the rules for mediators and mediations effective
January 1, 2025.
Patterson v. Melman, Case No. 2D2023-1388 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2440396/opinion/Opinion_2023-1388.pdf)
The authority to determine whether a condition precedent to arbitration has been fulfilled
is explicitly assigned to the arbitrator under Florida Statute section 682.02(3), and
accordingly, the question of whether a provision is a condition precedent to arbitration is
likewise for the arbitrator to decide.
Schmitz v. Schmitz, Case No. 3D21-1083 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2440241/opinion/Opinion_2021-1083.pdf)
The Third District clarifies that Dinuro Invs., LLC v. Camacho, 141 So. 3d 731 (Fla. 3d
DCA 2014), permits a direct action when the injury is to the shareholder and not the
corporation and also that a court must give notice of imposing the sanction of burden-
shifting prior to entering a final judgment.
Week ending September 7, 2024
Steines v. Westgate Palace, L.L.C., Case No. 22-14211 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202214211.pdf)
The Military Lending Act, 10 U.S.C § 987, preempts the Federal Arbitration Act, 9
U.S.C. § 1 et seq., and precludes enforcement of the arbitration agreement in a loan
given to a service member.
In Re: Amendments To Rules Regulating The Florida Bar – Chapter 3, Case No.
SC2024-0029 (Fla. 2024).
(https://supremecourt.flcourts.gov/content/download/2440038/opinion/Opinion_SC2024-
0029.pdf)
The Florida Supreme Court adopts changes to Rules 3-3.4 (Grievance Committees), 3-
5.2 (Emergency Suspension; Interim Probation; Interim Placement on the Inactive List
for Incapacity Not Related to Misconduct; and Freezing Trust Accounts), 3-5.3
(Diversion of Disciplinary Cases to Practice and Professionalism Enhancement Programs), 3-7.2
(Procedures on Criminal or Professional Misconduct; Discipline on Determination or
Judgment of Guilt of Criminal Misconduct; Discipline on Removal from Judicial Office),
3-7.4 (Grievance Committee Procedures), 3-7.5 (Procedures Before he Board of
Governors), 3-7.10 (Reinstatement and Readmission Procedures), 3-7.11 (General
Rules of Procedure), 3-7.12 (Disciplinary Revocation of Admission to The Florida Bar),
3-7.13 (Incapacity Not Related to Misconduct), and 3-7.16 (Limitation on Time to Open
Investigation).
Meyer v. U-HAUL Co of Florida, Case No. 1D2021-3296 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2439959/opinion/Opinion_2021-3296.pdf)
Parties are not compelled to arbitrate claims not covered in the limitation to a broad
arbitration agreement.
Halegua v. Lerner, Case No. 3D23-1525 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2439975/opinion/Opinion_2023-1525.pdf)
Documentary evidence (e.g., a series of unpaid checks) can establish the fixed date of
loss necessary to be awarded prejudgment interest.
Mortgage Assets Management Series I Trust v. Harvey, Case No. 5D2023-2017
(Fla. 5th DCA 2024).
(https://5dca.flcourts.gov/content/download/2440068/opinion/Opinion_2023-2017.pdf)
Reverse mortgages, unlike traditional mortgages, do not have more than one or
subsequent acts of default thus are not controlled by Singleton v. Greymar Associates,
882 So. 2d 1004, 1007–08 (Fla. 2004) (res judicata does not apply to subsequent acts
of default in mortgage foreclosure actions).
Kinchla v. Ran Investments, LLC, Case No. 6D2023-1385 (Fla. 6th DCA 2024).
(https://6dca.flcourts.gov/content/download/2440087/opinion/Opinion_2023-1385.pdf)
The Delayed Discovery Doctrine does not apply to claims for breach of fiduciary duty.