Weekly Business Litigation and Real Property Case Updates from Manny Farach Week ending November 7, 2020 Week ending November 14, 2020 Week ending November 21, 2020 Week ending November 28, 2020Week ending November 28, 2020Read More

Business Litigation and Real Property Case Updates for the month of October week ending October 3, 2020 week ending October 10, 2020 week ending October 17, 2020 week ending October 24, 2020 week ending October 31, 2020Read More

Business Litigation and Real Property Case Updates for the month of September Week ending September 5, 2020 Week ending September 12, 2020 Week ending September 19, 2020 Week ending September 26, 2020Read More

IMPORTANT RULES FLORIDA RULES OF CIVIL PROCEDURE Fla. R. Civ. P. 1.380(e)– Failure to Preserve Electronically Stored Information. Fla. R. Civ. P. 1.350(b) Fla. R. Civ. 1.280 Discovery – effective January 2025 Parties are required to make initial discovery disclosures within 60 days of service of the complaint. Initial discovery requirements include names of individuals...Read More

By Manny Farach 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...Read More

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,...Read More

By Manny Farach Week ending April 27, 2024 Holden v. Holiday Inn Club Vacations Incorporated, Case No. 22-11014 (11th Cir. 2024). A report to a credit agency is not violative of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681s-2 if it arises from a contractual dispute which a credit agency cannot objectively and...Read More

By Manny Farach Week ending March 30, 2024 Capalongo v. Deutsche Bank National Trust Company, Case No. 2D22-3750 (Fla. 3d DCA 2024). A spouse need not join in a mortgage if the spouse signs a valid waiver of their homestead rights; the word “join” in Article X, Section 4 describes the joining spouse and does...Read More

By Manuel Farach February 24, 2024 Kovar Law Group, PLLC v. Jordan, Case No. 2D23-279 (Fla. 4th DCA 2024). A claimant seeking unjust enrichment ordinarily bears its own fees and an award for fees under Florida Statute section 448.08 applies only to employees (not independent contractors). Green Terrace E33, LLC v. Abruzzo, Case No. 4D2022-2495...Read More

by Manuel Farach November 25, 2023 Offices at Grand Bay Plaza Condominium Association, Inc. v. Grove at Grand Bay Condominium Association, Inc., Case No. 3D22-1889 (Fla. 3d DCA 2023). Even if entry of a temporary injunction is proper under law, failure to require the posting of a bond is reversible error. 2023-11-22 Offices at Grand Bay...Read More