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

By Manny Farach September 20, 2025 Zoble v. Kensington Estates Homeowners Assn of Hillsborough, Inc., Case No. 2D2023-2625 (Fla. 2d DCA 2025). https://2dca.flcourts.gov/content/download/2457438/opinion/Opinion_2023-2625.pdf A community association's exercise of business judgment regarding common area maintenance is subject to the factual question of the whether the association’s right unreasonably interferes with the easement holder’s right to access....Read More

By Manny Farach Aug. 27, 2025 ECB USA, Inc. v. Savencia Cheese USA, LLC, Case No. 23-12580 (11th Cir. 2025). https://media.ca11.uscourts.gov/opinions/pub/files/202312580.reh.pdf Personal jurisdiction cannot be established through defendants& communications with plaintiffs; Florida-based attorney or the attorney accessing a digital “deal room” in Florida because such contact constitutes unilateral activity by plaintiffs that fails to create...Read More

By Manny Farach July 23, 2025 JJJTB, Inc. v. Schmidt, Case No. SC2023-0915 (Fla. 2025). Case jurisdiction, unlike subject matter jurisdiction, is waived if a party fails to timely object to the court’s lack thereof. Rojas v. University of Florida Board of Trustees, Case No. SC2023-0126 (Fla. 2025). Properly authorized state contracts are not subject...Read More

Volume XVIII, Issue 26 June 28, 2025 Manuel Farach City of Parker v. Wilson, Case No. 1D2024-0199 (Fla. 1st DCA 2025). https://1dca.flcourts.gov/content/download/2453839/opinion/Opinion_2024-0199.pdf Dedication of a park to the public, which dedication has been accepted by local government, cannot be revised through a “Clarifying Declaration” that is signed by only 4 of the original 7 declarants....Read More

Volume XVIII, Issue 21 May 24, 2025 Manuel Farach VoluKousisis v. United States, Case No. 23–909 (2025). https://www.supremecourt.gov/opinions/24pdf/23-909_f2q3.pdf A defendant who induces a party to enter into a contract under materially false pretenses may be convicted of federal fraud even if the defendant did not cause or seek to cause economic loss to the victim....Read More

Volume XVIII, Issue 17 April 26, 2025 By Manny Farach Johnson v. Carroll Oaks Homeowners Association, Inc., Case No. 2D2024-0631 (Fla 2d DCA 2025). https://2dca.flcourts.gov/content/download/2450992/opinion/Opinion_2024-0631.pdf A prevailing party in homeowner’s association whose governing documents have a prevailing party attorney’s fees provision is not automatically entitled to an award of fees; the prevailing party must prove...Read More

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...Read More