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 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

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....Read More

By Manny Farach Week ending September 28, 2024 OptumRx v. Bay Pharmacy Inc., Case No. 5D2023-0652 (Fla. 5th DCA 2024). (https://5dca.flcourts.gov/content/download/2441306/opinion/Opinion_2023-0652.pdf) The fact that arbitration may occur outside Florida and apply non-Florida law is not a basis for objecting to arbitration. Baldwin v. Laboratory Corporation Of America, Case No. 5D2023-2455 (Fla. 5th DCA 2024). (https://5dca.flcourts.gov/content/download/2441308/opinion/Opinion_2023-2455.pdf)...Read 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 31, 2024 ECB USA, INC. v. Chubb Insurance Company of New Jersey, Case No. 22-10811 (11th Cir. 2024). (https://media.ca11.uscourts.gov/opinions/pub/files/202210811.op2.pdf) The Eleventh Circuit holds that the series-qualifier canon of interpretation directs that a postpositive modifier (e.g., “for financial institutions”) modifies all the terms in a list of parallel items. In...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