Florida Real Property and Business Litigation Report Volume XVI, Issue 47 November 25, 2023 Manuel Farach 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...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 46 November 18, 2023 Manuel Farach Stone v. Commissioner of Internal Revenue, Case No. 22-13217 (11th Cir. 2023). A whistleblower to the Internal Revenue Service has no ability to compel the Service to institute enforcement proceedings against offending taxpayers so that the taxpayer may...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 45 November 11, 2023 Manuel Farach Santos v. Healthcare Revenue Recovery Group, LLC., Case No. 22-11187 (11th Cir. 2023). A consumer does not have to prove actual damages to recover statutory damages under the Fair Credit Reporting Act,15 U.S.C. § 1681n(a)(1)(A). Dirty Duck...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 44 November 4, 2023 Manuel Farach PRN Real Estate & Investments, LTD. v. Cole, Case No. 22-11118 (11th Cir. 2023). Based upon Husky Int’l Elecs., Inc. v. Ritz, 578 U.S. 355 (2016), and In re Gaddy, 977 F.3d 1051 (11th Cir. 2020), the Eleventh...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 43 October 28, 2023 Manuel Farach McGriff v. City of Miami Beach, Case No. 22-12863 (11th Cir. 2023). Government’s own speech is not controlled by the First Amendment, and accordingly, it is free to choose what to say and what not to say including...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 42 October 21, 2023 Manuel Farach Noble Prestige Limited v. Galle, Case No. 22-11520 (11th Cir. 2023). The Doctrine of Prior Exclusive Jurisdiction under Princess Lida of Thurn & Taxis v. Thompson, 305 U.S. 456 (1939), holds that a court of competent jurisdiction that...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 41 October 14, 2023 Manuel Farach CCP Harbour Island, LLC Manor at Harbour Island, LLC, Case No. 2D22-2922 (Fla. 2d DCA 2023). Employment of ruthless negotiation tactics, even for issues not part of the litigation, does not sufficiently affront “conscience, morality, or the law”...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 40 October 7, 2023 Manuel Farach Thai Meditation Association of Alabama, Inc. v. City of Mobile, Case No. 22-11674 (11th Cir. 2023). Neighborhood character or zoning are not compelling government interests sufficient to justify abridging core constitutional rights, including exercise of religious beliefs. ...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 39 September 30, 2023 Manuel Farach In Re: Amendments To Florida Rule of General Practice and Judicial Administration 2.215, Case No. SC2023-1114 (Fla. 2023). Rule 2.215 is amended to require that individual judge and divisional practices and procedures, local rules, and administrative orders be...Read More
Florida Real Property And Business Litigation Report Volume XVI, Issue 38 September 23, 2023 Manuel Farach In re: Fundamental Long Term Care, Inc., Case No. 21-10587 (11th Cir. 2023). Analysis of a conflict under 11 U.S.C. § 327 is a case by case analysis, but should focus on whether there exists a present (not...Read More
