Florida Real Property and Business Litigation Report
Volume XVI, Issue 23
June 10, 2023
Dubin v. United States, Case No. 22-10 (2023).
A defendant commits identify theft, i.e., “uses” another person’s means of identification “in relation to” a predicate offense, when the use is at the crux of what makes the conduct criminal.
Jack Daniel’s Properties, Inc. v. VIP Products LLC, Case No. 22–148 (2023).
The Rogers (v. Grimaldi, 875 F. 2d 994 (2nd Cir. 1989)) test does not apply to trademark infringement claims but using a protected mark to designate the user’s own goods is not protected under the Lanham Act’s non-commercial exclusion even if the infringer employs parody, criticism or commentary.
Milgram v. Chase Bank USA, N.A., Case No. 22-10250 (11th Cir. 2023).
A credit card holder does not have a claim for violation of the Fair Credit Reporting Act against her credit card company for identity theft and use of a fraudulent card if the company reasonably relied on information provided to it through the criminal enterprise of an employee of the card holder.
Wells Fargo Bank, N.A. v. Avers, Case No. 2D22-478 (Fla. 2d DCA 2023).
A party is entitled to participate in possible distribution of surplus foreclosure funds even if it files a request for surplus funds before the Clerk issues its Certificate of Disbursements.
41 Acquisition Holdings, LLC v. Haff, Case No. 3D21-1088 (Fla. 3d DCA 2023).
An attorney’s fees provision which is missing a verb, commingles several objectives into one clause, and lacks language regarding the claim for fees in question is not clear and unambiguous and does not entitle the prevailing party to an award of fees.
Water’s Edge Dermatology, LLC v. Christopherson, Case No. 4D22-2209 (4th DCA 2023).
A trial court abuses its discretion when it denies a motion to transfer based on forum non conveniens where there is only an attenuated connection to a venue that bears no relation to the lawsuit’s critical events.
Clarke v. Global Guaranteed Goods And Services, Inc., Case No. 6D23-0112 (6th DCA 2023).
A trial court errs when it modifies a written settlement agreement by giving the payor more time to pay than set forth in the agreement.
Luft v. Department of Business and Professional Regulation, Florida Real Estate Commission, Case No. 6D23-323 (6th DCA 2023).
The question whether to re-issue a revoked real estate license is controlled by the more specific Florida Statute section 475.17(1)(a) dealing with real estate licenses, not the general license revocation requirements of Florida Statute section 455.227(5) (a revoked license cannot be reissued) and accordingly, an applicant is entitled to obtain a license even if her license had been previously revoked by the licensing board.
Grovehurst Homeowners Association, Inc. v. Stone Crest Master Association, Inc., Case No. 6D23-1151 (6th DCA 2023).
A condominium declaration can provide that a master association may impose assessments on property it does not own.
2023-06-09 Wells Fargo v. Evers
2023-06-09 Luft v. DPR
2023-06-09 Gravehurst .v Stone Crest
2023-06-09 41 Acquisition v. Haff
2023-06-08 Milgram v. Chase Bank
2023-06-08 Jack Daniel's v. VIP Products
2023-06-08 Dubin v. U.S.
2020-06-09 Clarke v. Global Guaranteed