Florida Real Property and Business Litigation Report Volume XVII, Issue 48 November 30, 2024 Manuel Farach 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...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 47 November 23, 2024 Manuel Farach U.S. Bank Trust, N.A. v. Rodriguez, Case No. 2D2023-1694 (Fla. 2d DCA 2024). https://2dca.flcourts.gov/content/download/2443744/opinion/Opinion_2023-1694.pdf A party seeking to reestablish a lost promissory note under Florida Statutes section 673.3091(1) need only establish the three factors under the statute and...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 46 November 16, 2024 Manuel Farach Day v. Hydrologic Distribution Company, Case No. 2D2024-0910 (Fla. 4th DCA 2024). https://2dca.flcourts.gov/content/download/2443432/opinion/Opinion_2024-0910.pdf Substantial customer relationships, confidential information, and employee training and retention and computer software that allows users to access important vendor information, including sales history, customer...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 45 November 9, 2024 Manuel Farach In Re: Amendments To Florida Rule of General Practice and Judicial Administration 2.535, Case No. SC2023-1170 (Fla. 2024). https://supremecourt.flcourts.gov/content/download/2443082/opinion/Opinion_SC2023-1170.pdf The Florida Supreme Court amends the Rules of General Practice regarding transcripts. Bessey v. Department of Business &...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 44 November 2, 2024 Manuel Farach VFS Leasing Co. v. Markel Insurance Company, Case No. 22-13338 (11th Cir. 2024). (https://media.ca11.uscourts.gov/opinions/pub/files/202213338.pdf) Pursuant to Florida Statute section 673.4141(3), a drawer is discharged of its payment obligation when a jointly issued check is accepted by a drawee...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 43 October 26, 2024 Manuel Farach 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...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 42 October 19, 2024 Manuel Farach Hidroelectrica Santa Rita S.A. v. Corporacion AIC, SA, Case No. 23-12519 (11th Cir. 2024). (https://media.ca11.uscourts.gov/opinions/pub/files/202312519.pdf) Arbitrators do not exceed their powers if they are interpreting the contract, even if the interpretation may be erroneous. BAM Trading Services,...Read More
Florida Real Property and Business Litigation Report Volume VII, Issue 41 October 12, 2024 Manuel Farach Parrott v. Neway ( In re: Parrott), Case No. 21-10718 (11th Cir. 2024). (https://media.ca11.uscourts.gov/opinions/pub/files/202110718.pdf) Failure to comply with the signature requirement for a federal appeal is non-jurisdictional. Bergeron Environmental and Recycling, LLC v. LGL Recycling, LLC, Case...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 40 October 5, 2024 Manuel Farach Incident365 Florida, LLC v. Ocean Pointe V Condominium Association, Inc., Case Nos. 3D22-2239, 3D22-2240 & 3D22-2241 (Fla. 3d DCA 2024). (https://3dca.flcourts.gov/content/download/2441488/opinion/Opinion_2022-2239.pdf) When considering the definitions of “contractor” in section 489.105(3) and “building contractor” in section 489.105(3)(b) and the...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 39 September 28, 2024 Manuel Farach 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...Read More
