Florida Real Property And Business Litigation Report
Volume XVI, Issue 33
August 19, 2023
Manuel Farach
Emergency Recovery, Inc. v. Hufnagle, Case No. 22-10048 (11th Cir. 2023).
A Rule 59(e) Motion to Alter or Amend Judgment applies to any order from which an appeal may lie, including an order granting a motion for voluntary dismissal which does not award attorney’s fees.
Grupo Unidos por el Canal, S.A. v. Autoridad Del Canal de Panama, Case No. 21-14408 (11th Cir. 2023).
While arbitrators should liberally disclose background information about themselves prior to appointment, failure to disclose appointment of one arbitrator by another in a separate case is insufficient to justify vacatur of a final award.
Allison v. The Grand at Olde Carrollwood Condominium Association, Inc., Case No. 2D22-1521 (Fla. 2d DCA 2023).
A trial court conducting a trial de novo after a failed arbitration under Florida Statute section 718.1255(4) cannot sit in an appellate capacity but must instead conduct an entirely new trial where the arbitration decision is admissible but not binding on the trial court.
Warren Gammill & Associates, P.L. v. Sommers, Case No. 3D23-1123 (Fla. 3d DCA 2023).
Under Rule Regulating the Florida Bar 4-3.7, a trial court has discretion to prevent prejudice and confusion when deciding whether counsel for one party can be witness at trial.
Young v. Kopchak, Case No. 4D22-2289 (Fla. 4th DCA 2023).
Social media posts which are only tangentially connected to pending litigation do not enjoy protection from defamation claims under the Litigation Privilege.