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

The Business Litigation Committee of the Business Law Section of the Florida Bar presents its 2023 Legislative and Case Law Update, providing coverage of the laws that have developed over the past 12 months that you need to know for your practice. As before, we have an all-star cast of Sen. Jonathan Martin, Florida Secretary...Read More

February 25, 2023 Maddox v. Maddox, Case Nos. 2D21-517 and 2D21-521 (Fla. 2d DCA 2023). The assets of a third party company cannot be adjudicated during divorce proceedings unless the company is made a party to the proceedings and has the opportunity to participate with regard to its assets. Oana v. Solomon, Case No. 2D22-772...Read More

January 28, 2023 Skyhop Technologies, Inc. v. Narra, Case No. 21-14051 (11th Cir. 2023). So long as a plaintiff’s claims meet Florida’s connexity requirement, an allegation that an out of state software vendor violated the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, against a Florida company constitutes a tort committed in Florida and...Read More

Compiled by Manny Farach Week ending November 26, 2022 Carus v. Cove at Isles at Bayshore Homeowners Association, Inc., Case No. 3D21- 2035 (Fla. 3d DCA 2022). Failure to follow the requirements of Florida Statute section 48.21 invalidates the return of service on its face. McElroy v. Florida Power & Light Company, Case No. 4D22-1344...Read More

Case law updates for January 2022 Week ending January 1, 2022 Week ending January 8, 2022 Week ending January 15, 2022 Week ending January 22, 2022 Week ending January 29, 2022          Read More

By Jocelyne A. Macelloni On April 29, 2021, the Florida Supreme Court adopted a new summary judgment standard aligning it closely with its federal counterpart. On May 23, 2024, the Florida Supreme Court announced changes to Rule 1.510. The following overview provides the 10 key points every busy practitioner, and judge, should know about the...Read More

Other Legislative Updates The Section’s Legislation Committee, chaired by Stephanie Lieb, had an industrious agenda for this year’s legislative session. The Section is proud to announce that four of its initiatives have passed out of the House and Senate. Financial Literacy (mentioned above) has already been signed by the Governor. These other bills are awaiting...Read More