Florida Real Property And Business Litigation Report Volume XVI, Issue 37 September 16, 2023 Manuel Farach City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., Case No. 22-12419 (11th Cir. 2023). Federal Rule of Civil Procedure Rule 41(a)(1)(A)(ii) only permits a plaintiff to dismiss an action without a court order by filing “a stipulation of...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 36 September 9, 2023 Manuel Farach Michael v. Lobbytools, Inc., Case No. 1D22-1649 (Fla. 1st DCA 2023). No indemnification is required under Florida Statute section 607.0580(1) when a corporate officer is sued for disclosing trade secrets and not “by reason of the fact” that...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 35 September 2, 2023 Manuel Farach In re Amendments To The Florida Rules of Appellate Procedure, Case No. SC2023-0033 (Fla. 2023). The Florida Supreme Court adopts proposed changes to the Rules of Appellate Procedure, including amending Rule 9.130(e) to reintroduce the five-day buffer between...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 34 August 26, 2023 Manuel Farach D.H. Pace Company, Inc. OGD v. Equipment Company, LLC, Case No. 22-10985 (11th Cir. 2023). A trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even when its licensing agreement...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 33 August 19, 2023 Manuel Farach Emergency Recovery, Inc. v. Hufnagle, Case No. 22-10048 (11th Cir. 2023). A Rule 59(e) Motion to Alter or Amend Judgment applies to any order from which an appeal may lie, including an order granting a motion for voluntary...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 32 August 12, 2023 Manuel Farach In Re: January 2021 Short Squeeze Trading Litigation, Case No. 22-10669 (11th Cir. 2023). A website which restricts a customer’s ability to buy certain stocks does not violate agency and contract principles, nor tort principles when the alleged...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 31 August 5, 2023 Manuel Farach Moore v. Wagner, Case No. 2D22-292 (Fla. 2d DCA 2023). The following agreement to hold a lease open is not an agreement to enter into a lease, i.e., a prohibited “agreement to agree,” but instead an independent agreement:...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 30 July 29, 2023 Manuel Farach Drazen v. Pinto, Case No. 21-10199 (11th Cir. 2023). One telephone call is sufficient to confer standing under the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227(b)(1)(A)(iii). Sabal Trail Transmission, LLC v. 3.921 Acres Of...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 29 July 22, 2023 Manuel Farach Huck v. Kenmare Commons Homes Association, Inc., Case No. 1D20-3318 (Fla. 1st DCA 2023). Property dedicated to the public by a developer is not subject to later restrictive covenants placed on the now-gifted property by the same developer....Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 28 July 15, 2023 Manuel Farach Schultz Builders & Pools, Inc. v. Icon Welding & Fabrication, LLC, Case No. 2D22-4138 (Fla 2d DCA 2023). Venue may lie with regard to any count of a multi-count complaint, thus failure to seek a change of venue...Read More
