Florida Real Property And Business Litigation Report
Volume XVI, Issue 34
August 26, 2023
Manuel Farach
D.H. Pace Company, Inc. OGD v. Equipment Company, LLC, Case No. 22-10985 (11th Cir. 2023).
A trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even when its licensing agreement does not expressly authorize it to do so.
In Re: Amendments To Florida Rule of Civil Procedure 1.351, Case No. SC2022-080 (Fla. 2023).
Rule 1.351 is amended to expand the time to object to notice production from a non-party to 45 days if the notice is served simultaneously with the complaint.
Fision Corporation v. Frueh, Case No. 2D22-2517 (Fla. 2d DCA 2023).
A promissory note whose repayment terms state it “shall be paid out of any bridge financing or other funding received by either the Borrower or the Guarantor” requires payment in cash, not stock of the borrower.
Belkova v. Deer Run Property Owners’ Association, Inc., Case No. 4D21-2924 (Fla. 4th DCA 2023).
A state court can award attorney’s fees for work done in bankruptcy court so long as the bankruptcy court did not dispose of the property in litigation; conflict certified with Florida Federal Savings & Loan Ass’n v. Sanchez, 553 So. 2d 1254, 1255 (Fla. 3d DCA 1989), Sanchez in Pastore-Borroto Development, Inc. v. Marevista Apartments, M.B., Inc., 596 So. 2d 526 (Fla. 3d DCA 1992), and Martinez v. Giacobbe, 951 So. 2d 902 (Fla. 3d DCA 2007).
Mcconico v. Morgan’s Mill Property Owners Association, Inc., Case No. 6D23-1213 (Fla. 6th DCA 2023).
A homeowner’s association which has the ability under its declaration to remedy a homeowner violation by itself has an adequate remedy at law and is not entitled to a mandatory injunction requiring the homeowner to remedy the violation.