Florida Real Property and Business Litigation Report Volume XVIII, Issue 14 April 5, 2025 Manuel Farach   Medical Marijuana, Inc. v. Horn, Case No. 23–365 (2025). https://www.supremecourt.gov/opinions/24pdf/23-365_6k47.pdf A plaintiff may seek treble damages under civil RICO, 18 U. S. C. §1964(c), for business or property loss even if the loss resulted from a personal injury....Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 13 March 29, 2025 Manuel Farach   United States v. Miller, Case No. 23–824 (2025). https://www.supremecourt.gov/opinions/24pdf/23-824_2d93.pdf The sovereign immunity waiver under §106(a) of the Bankruptcy Code applies only to the federal cause of action established by §544(b) and does not extend to state-law claims nested...Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 12 March 22, 2025 Manuel Farach   Thompson v. United States, Case No. 23–1095 (2025). https://www.supremecourt.gov/opinions/24pdf/23-1095_8mjp.pdf A borrower making an incomplete statement to a F.D.I.C. investigator, i.e., that he “borrowed $110,000” when he in fact took out a loan for $269,000, does not violate 18...Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 10 March 8, 2025 Manuel Farach   Mid-America Apartment Communities, Inc. v. Jiminez, Case No. 2D2024-0780 (Fla. 2d DCA 2025). https://2dca.flcourts.gov/content/download/2449008/opinion/Opinion_2024-0780.pdf The Second District adopts Lennar Homes, LLC v. Wilkinsky, 353 So. 3d 654 (Fla. 4th DCA 2023), and holds the Significant Relationship Test for...Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 9 March 1, 2025 Manuel Farach     Waetzig v. Halliburton Energy Services, Inc., Case No. 23–971 (2025). A voluntary dismissal without prejudice counts as a “final proceeding” under Federal Rule of Civil Procedure 60(b). https://www.supremecourt.gov/opinions/24pdf/23-971_l6gn.pdf   Dewberry Group, Inc. v. Dewberry Engineers Inc., Case...Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 8 February 22, 2025 Manuel Farach   Fowler v. Burnham, Case No. 1D2023-1102 (Fla. 1st DCA 2025). https://1dca.flcourts.gov/content/download/2447550/opinion/Opinion_2023-1102.pdf Parties seeking to enforce a restrictive covenant is not required to prove irreparable harm, and instead the party challenging enforcement is instead required to prove defensive matters...Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 7 February 15, 2025 Manuel Farach   Osborne v. Walton County, Case No. 1D2021-3898 (Fla. 1st DCA 2025). https://1dca.flcourts.gov/content/download/2447207/opinion/Opinion_2021-3898.pdf Governmental action under the public notice requirements of Florida Statute section 125.66 must be redone if the new action to be taken is materially different than...Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 6 February 8, 2025 Manuel Farach   Barat v. Navy Federal Credit Union, Case No. 24-10630 (11th Cir. 2025). https://media.ca11.uscourts.gov/opinions/pub/files/202410630.pdf A denial of credit does not violate the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691–1691f even if it is factually incorrect; the denial merely...Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 5 February 1, 2025 Manuel Farach   Mishiyev v. Davis, Case No. 2D2023-1242 (Fla. 2d DCA 2025). https://2dca.flcourts.gov/content/download/2446618/opinion/Opinion_2023-1242.pdf The Second District re-affirms the anti-SLAPP statute creates a burden on plaintiffs to allege sufficient facts to bring the claim within the statute and that its position...Read More

Florida Real Property and Business Litigation Report Volume XVIII, Issue 4 January 25, 2025 Manuel Farach   In Re: Amendments To Florida Rules of Civil Procedure, Case No. SC2023-0962 (Fla. 2025). https://supremecourt.flcourts.gov/content/download/2446235/opinion/Opinion_SC2023-0962.pdf The Florida Supreme Court further amends the Rules of Civil Procedure, including revisions to Rules 1.340 and 1.350 to require that objections based...Read More