Florida Real Property and Business Litigation Report
Volume XVII, Issue 10
March 9, 2024
Manuel Farach
Advantage Limousine, LLC v. Koutsos, Case No. 2D22-257 (Fla. 2d DCA 2024).
Requiring a separate confidentiality agreement to be executed is an impermissible condition to a Proposal for Settlement but placing the confidentiality provision in the Proposal as set forth is permissible:
[T]he parties agree to maintain the facts and terms of this Release as confidential, and documents or information provided by the parties related to the Claim and Litigation, with the exception of any pleadings or documents filed with the court and to the extent that law, ordinance, or governing body requires, shall also be confidential.
Daniels v. Redcap Lending, LLC, Case No. 2D22-4106 (Fla. 2d DCA 2024).
A plaintiff that loses at trial on a guaranty due to failure to satisfy a condition precedent requiring notice is barred by res judicata from bringing the same claim if it gives notice after the unsuccessful trial.
Venn Therapeutics, LLC v. CAC Pharma Investments, LLC, Case Nos. 2D23-819 and 2D23-821 (Fla. 2d DCA 2024).
Statutory claims as well as theories such as fraud in the inducement of a contract, fraud in the performance of a contract, or negligent misrepresentation are duties dependent upon the existence of a contractual relationship between the parties and therefore “arise out of” or are “related to” a contract such that they are subject to arbitration under a broad arbitration provision.
Quality Diagnostic Healthcare Inc. v. The Responsive Auto Insurance Company, Case No. 3D23-0446 (Fla. 3d DCA 2024).
A party is bound by the contract they sign regardless of whether they have read or understood it.
Telesco Construction Management, Inc. v. National Concrete Preservation, Inc., Case No. 3D23-1730 (Fla. 3d DCA 2024).
A trial court should typically not require discovery pending a motion to compel arbitration.