Florida Real Property And Business Litigation Report
Volume XVI, Issue 30
July 29, 2023
Manuel Farach
Drazen v. Pinto, Case No. 21-10199 (11th Cir. 2023).
One telephone call is sufficient to confer standing under the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227(b)(1)(A)(iii).
Sabal Trail Transmission, LLC v. 3.921 Acres Of Land In Lake County Florida, Case Nos. 22-10435 & No. 22-10437 (11th Cir. 2023).
The Natural Gas Act authorizes private entities who have received a certificate of public convenience and necessity to acquire property “by the exercise of the right of eminent domain,” 15 U.S.C. § 717f(h), and incorporates state eminent domain law, including the court’s ability to grant attorneys’ fees, costs, and prejudgment interest to the owner whose property was condemned.
Kyte v. Discover Bank, Case No. 2D22-2918 (Fla. 2d DCA 2023).
A defendant against whom a case is dismissed is a prevailing party for purposes of attorney’s fees, even if the trial court did not have jurisdiction over the defendant.
Adweiss LLLP v. Daum, Case No. 3D22-787 (Fla. 3d DCA 2023).
There is no appellate jurisdiction when a trial court dismisses a complaint with prejudice but also permits plaintiff to file an amended complaint.