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

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