Florida Real Property and Business Litigation Report
Volume XVII, Issue 1
January 6, 2024
Manuel Farach
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Taveras v. Bank of America, N.A., Case No. 22-11355 (11th Cir. 2024).
A federal court examines the following factors when deciding whether to abstain under the Colorado River Doctrine: whether one of the courts has assumed jurisdiction over property, the inconvenience of the federal forum, the potential for piecemeal litigation, the order in which the fora obtained jurisdiction, whether state or federal law will be applied, the adequacy of the state court to protect the parties’ rights, and the vexatious or reactive nature of either the state or federal litigation.
Promenade Charters V.I., Ltd. v. Caribbean Insurers Marine Limited, Case No. 3D22-1324 (Fla. 3d DCA 2024).
A contract must require payments to be made in Florida in order to use Florida Statute section 48.193(1)(a)(7) (breach of a contract required to be performed in Florida) as the basis for long-arm jurisdiction.
Tesla, Inc. v. Monserratt, Case No. 4D2023-2075 (Fla. 4th DCA 2024).
Once a corporation establishes a person is a high-level officer and produces the declaration under Florida Rule of Civil Procedure 1.280(h), a trial court is required to issue a protective order unless the party seeking the deposition demonstrates exhaustion of other discovery, that such discovery was inadequate, and that the proposed deponent has unique and personal knowledge of discoverable information.
Fleetwing v. Corporation Ricketts, Case No. 6D23-948 (Fla. 6th DCA 2024).
A party seeking general damages for breach of a settlement agreement must file a separate suit unless the general damages were specified in the settlement agreement.