Florida Real Property and Business Litigation Report
Volume XVII, Issue 14
April 6, 2024
Manuel Farach
Al Zawawi v. Diss (In Re Al Zawawi), Case No. 22-11024 (11th Cir. 2024).
11 U.S.C. § 109(a) does not apply to Chapter 15 cases and does not establish a prerequisite for the recognition of a foreign proceeding under § 1517.
McNulty Lofts Condominium Association, Inc. v. WRH McNulty Garage, LLC, Case No. 2D23-536 (Fla. 2d DCA 2024).
Inconsistency in admitted documents, including as to location of real estate boundaries, will defeat summary judgment even under the amended summary judgment rule.
Helmick v. Taylor, Case No. 2D22-3658 (Fla. 2d DCA 2024).
Being listed in a marital settlement agreement as a creditor to be paid by a signatory to the settlement agreement does not render the creditor an intended third party beneficiary that can sue to enforce payment under the settlement agreement.
Seneca Specialty Insurance Company v. Jade Beach Condominium Association, Inc., Case No. 3D22-1290 (Fla. 3d DCA 2024).
An insurer is not required to satisfy a condition precedent of unsuccessfully suing the third parties that the insured released in order to plead a cause of action against the insured for interfering with subrogation rights.
Lemano Investments, LLC v. RGF Athena, LLC, Case Nos. 3D23-0695 and 3D23-0824 (Fla. 3d DCA 2024).
The Third District follows the Second and Fifth Districts and holds the Sole Actor Exception to the Adverse Interest Exception to the Imputation Rule does not apply if the business entity wholly entrusts the matter in dispute to its agent.
Facebook, LLC v. Grind Hard Holdings, LLC, Case No. 3D23-0948 (Fla. 3d DCA 2024).
Under Florida Statute section 48.193(1)(a)2, a company’s violations of its own rules and procedures is not commission of a tort in this state which bestows long-arm jurisdiction.
Chewy, Inc. v. Covetrus, Inc., Case No. 4D2023-2967 (Fla. 4th DCA 2024).
An affidavit in support of a motion for protective order under Florida Rule of Civil Procedure 1.280(h) (Apex Doctrine) must “explain the officer lacks unique, personal knowledge of the issues being litigated,” i.e., the affidavit must demonstrate the officer does not have knowledge which cannot be obtained from lesser officials or documents.
Marlin Construction Group, LLC v. Bollinger, Case No. 6D23-810 (Fla. 6th DCA 2024). A salesman for a roofing company is not a “contractor” nor engaged in “contracting,” and accordingly, is not required to have a roofing contractor’s license to sue for unpaid commissions.