Florida Real Property and Business Litigation Report
Volume XVII, Issue 15
April 13, 2024
Manuel Farach
Macquarie Infrastructure Corp. v. Moab Partners, L. P., Case No. 22–1165 (2024).
Failure to make a disclosure required under Item 303 of SEC Regulation S-K is not the kind of omission that supports a private securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934.
Sheetz v. County of El Dorado, Case No. 22–1074 (2024).
The Takings Clause applies to both legislative and administrative permit conditions and accordingly, legislative conditions must pass muster under Nolan v. California Coastal Comm’n, 483 U. S. 825 (1987), and Dolan v. City of Tigard, 512 U. S. 374 (1994).
Jon M. Hall Company, LLC v. Canoe Creek Investments, LLC, Case No. 2D23-1368 (Fla. 2d DCA 2024).
Failure to suit against a surety within sixty days after a construction lien is transferred to bond during a proceeding extinguishes the lien claim under Florida Statute section 713.22(2); Woolems, Inc. v. Catalina Caststone Creations, Inc., 358 So. 3d 1265, 1266-67 (Fla. 3d DCA 2023), is distinguished on the basis of the relation-back doctrine.
Florida Roads Trucking, LLC v. Zion Jacksonville, LLC, Case No. 5D23-2094 (Fla. 5th DCA 2024).
While equitable estoppel may generally allow a non-signatory to an arbitration agreement to compel arbitration, the subject matter must still be one the underlying parties agreed to arbitrate.