Florida Real Property And Business Litigation Report
Volume XVI, Issue 32
August 12, 2023
Manuel Farach
In Re: January 2021 Short Squeeze Trading Litigation, Case No. 22-10669 (11th Cir. 2023).
A website which restricts a customer’s ability to buy certain stocks does not violate agency and contract principles, nor tort principles when the alleged tort is to avoid causing purely economic loss.
SICIS North America, Inc. v. Sadie’s Hideaway, LLC, Case No. 1D23-8 (Fla. 1st DCA 2023).
An owner of real property whose construction company, i.e., agent, purchased construction materials from a manufacturer must arbitrate claims against the manufacturer if the warranty for the materials purchased by the construction company contained an arbitration provision.
DJB Rentals, LLC v. City of Largo, Case No. 2D22-693 (Fla. 2d DCA 2023).
An as-applied constitutional challenge may not be raised for the first time in a lien foreclosure action, i.e., the issues must have been raised first in an appeal from the magistrate order confirming the lien.
Mawardi v. Cohen, Case No. 4D21-2291 (Fla. 4th DCA 2023).
A fiduciary relationship does not arise in the typical creditor-debtor relationship.