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

Volume XVIII, Issue 23 June 7, 2025 By Manuel Farach Blom Bank SAL v. Honickman, Case No. 23–1259 (2025). https://www.supremecourt.gov/opinions/24pdf/23-1259_9p6b.pdf Federal Rule of Civil Procedure is a “catch-all” provision but is to be read narrowly and should be used only in extraordinary circumstances. CC/Devas (Mauritius) Ltd. v. Antrix Corp., Case No. 23–1201 (2025). https://www.supremecourt.gov/opinions/24pdf/23-1201_8759.pdf Personal...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

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