Florida Real Property and Business Litigation Report
Volume XVI, Issue 51
December 23, 2023
Manuel Farach
Bedgood v. Wyndham Vacation Resorts, Inc., Case No. 22-11504 (11th Cir. 2023).
A party that seeks to compel arbitration but whose policies do not comply with the rules and policies of the arbitral forum cannot compel arbitration, and accordingly, may be forced to litigate the claims it sought to arbitrate.
Seadler v. Marina Bay Resort Condominium Association, Inc., Case No. SC2022-0984 (Fla. 2023).
The Harmless Error Standard applies to the incorrect denial of for cause challenges to a potential juror.
In Re: Amendments To Florida Rules of Appellate Procedure 9.020 and 9.400, Case No. SC2023-0836 (Fla. 2023).
Florida Rule of Appellate Procedure 9.400 is amended to add subdivision (b)(4) which now permits a party seven days to move for attorney’s fees if an appeal is dismissed under Rule 9.350.
Shaw v. Newham, Case No. 2D22-3300 (Fla. 2d DCA 2023).
A contract which allows a non-defaulting seller to either retain a deposit as liquidated damages or sue for specific performance is enforceable; a contract which allows a non-defaulting seller to sue for actual damages or sue for specific performance is not.
Florida BC Holdings, LLC v. Rees, Case No. 6D23-1379 (Fla. 2d DCA 2023).
The Impact Rule does not apply to intentional torts, including intentional interference with an advantageous business relationship; question of great public importance and conflict with Reid v. Daley, 276 So. 3d 878 (Fla. 1st DCA 2019), certified.