Florida Real Property And Business Litigation Report
Volume XVI, Issue 37
September 16, 2023
Manuel Farach
City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., Case No. 22-12419 (11th Cir. 2023).
Federal Rule of Civil Procedure Rule 41(a)(1)(A)(ii) only permits a plaintiff to dismiss an action without a court order by filing “a stipulation of dismissal signed by all parties who have appeared” in the action at any time.
Bric McMann Industries Incorporated v. Regatta Beach Club Condominium Association, Inc., Case No. 2D22-2454 (Fla. 2d DCA 2023).
Florida Statutes section 768.72 provides a plaintiff may make a claim for punitive damages for gross negligence or intentional misconduct.
The MacDougald Family Limited Partnership, LLP v. Rays Baseball Club, LLC, Case No. 2D23-9 (Fla. 2d DCA 2023).
A broad arbitration provision, e.g., uses the word “concerning” is nonetheless limited in scope if the broad application is limited to one issue, e.g. interpretation of an instrument.
Pirman v. South Pointe Of Tampa Homeowners Association, Inc., Case No. 2D23-58 (Fla. 2d DCA 2023).
A homeowner in a community association does not need to pay an assessed fine in order to have sufficient “damages” to sue over the allegedly improper fine.
Chiquita Fresh North America, L.L.C. v. Port Everglades Terminal, LLC, Case Nos. 4D2021-3433 & 4D2021-3556 (Fla. 4th DCA 2023).
A party seeking damages for unjust enrichment must prove it conferred a direct benefit on the defendant.
CPPB, LLC v. Taurus Apopka City Center, LLC, Case No. 6D23-2649 (6th DCA 2023).
The Sixth District aligns itself with the First District and in conflict with the Second, Third, Fourth, And Fifth Districts and holds that generalized allegations of harm are insufficient to invoke a district court’s certiorari jurisdiction.