Florida Real Property and Business Litigation Report
Volume XVI, Issue 25
June 24, 2023
Yegiazaryan v. Smagin, Case No. 22–381 (2023).
A R.I.C.O. plaintiff alleges a domestic injury for purposes of §1964(c) when claiming the injury arose in the United States and not extraterritorially.
Coinbase, Inc. v. Bielski, Case No. 22–105 (2023).
A district court must stay its proceedings while an interlocutory appeal determining arbitrability is ongoing.
American Builders Insurance Company v. Southern-Owners Insurance Company, Case No. 21-13496 (11th Cir. 2023).
The Eleventh Circuit adopts Dupree v. Younger, 143 S. Ct. 1382 (2023), and holds that in order to be preserved for appellate review, fact-bound arguments can only be preserved through a Rule 50 motion at trial but purely legal issues need only appear in a pretrial Federal Rule of Civil Procedure 56 motion.
Nuvasive, Inc. v. Absolute Medical, LLC, Case No. 22-10214 (11th Cir. 2023).
The Eleventh Circuit adopts the Ninth Circuit’s Move, Inc. v. Citigroup Global Markets, 840 F.3d 1152 (9th Cir. 2016), decision and holds the Federal Arbitration Act’s time limitations to object to award confirmation may be equitably tolled when the circumstances, e.g., a lawyer providing answers to a witness during an evidentiary phase, warrant such an “extraordinary remedy.”
Storey Mountain, LLC v. Freestone Enterprise, LLC, Case No. 1D22-2690 (1st DCA 2023).
A party seeking appointment of an equitable receiver after judgment must still demonstrate need to protect the property.
Goknar v. Goknar, Case No. 2D22-1407 (Fla. 2d DCA 2023).
A party seeking “fees for fees” under the inequitable conduct doctrine must put the defending party on notice it is relying on the doctrine for seeking the “fees for fees.”
Seven Kings Holdings, Inc. v. Marina Grande Riviera Beach Condominium Association, Inc., Case No. 4D22-2084 (Fla. 4th DCA 2023).
An easement appurtenant cannot be transferred to a third party separately from the dominant tenement even if the transferor attempts to do so through an assignment or delegation agreement.
Brown v. Regan, Case No. 4D22-2352 (Fla. 4th DCA 2023).
An order on summary judgment under new Florida Rule of Civil Procedure 1.510 must sufficiently explain the underlying facts and cause of action in a fashion that allows meaningful appellate review.
Avatar Properties, Inc. v. Gundel, Case No. 6D23-170 (Fla. 6th DCA 2023).
Florida Statute section 720.308 limits forcloseable assessments to expenses (no profit permitted) and applies to third party entities other than the community association.
2023-06-21 Avatar v. Gundel
2023-06-20 Storey Mountain, LLC v. Freestone Enterprise, LLC
2023-06-20 American Builders Insurance Company v. Southern-Owners Insurance Company
2023-06-23 Yegiazaryan v. Smagin
2023-06-23 Goknar v. Goknar
2023-06-23 Coinbase v. Biekski
2023-06-21 Seven Kings Holdings, Inc. v. Marina Grande Riviera Beach Condominium Association, Inc.
2023-06-21 Nuvasive v. Absolute Medical
2023-06-21 Brown v. Regan