Florida Real Property and Business Litigation Report
Volume XVI, Issue 20
May 20, 2023
Manuel Farach
Global Network Management, Ltd. v. CenturyLink Latin American Solutions, LLC, Case No. 21-13719 (11th Cir. 2023).
The owner of a data center may be liable under bailment theories for loss of equipment placed in the data center by a lessee, even if the lessee also has access.
WLT Software Enterprises, Inc. v. Brooks, Case No. 2D22-3150 (Fla. 2d DCA 2023).
A defendant cannot object to a voluntary dismissal on the basis of “surprise,” defendant must seek relief in a Florida Rule of Civil Procedure 1.540(b) motion by proving fraud on the court and that the voluntary dismissal resulted in affirmative relief to the plaintiff which had an adverse impact on the defendant.
Vereit Real Estate, L.P. v. Fitness International, LLC, Case No. 3D22-1273 (Fla. 3d DCA 2023).
Neither a force majeure clause nor the doctrines of impossibility of performance, impracticability of performance, and frustration of purpose relieve a tenant from paying rent during government directed closures.
2023-05-18 Global Network v. CenturyLink
2023-05-19 Fitness International
2023-05-18 WLT Software