Florida Real Property and Business Litigation Report
Volume XVII, Issue 21
May 25, 2024
Manuel Farach
Coinbase, Inc. v. Suski, Case No . 23–3 (2023).
A court must decide which of two conflicting arbitration provisions in two contracts – one sending arbitrability disputes to arbitration and the other either explicitly or implicitly sending arbitrability disputes to the courts – controls.
Lee v. U.S. Bank National Association, Case No. 21-13887 (11th Cir. 2024).
The antimodification provision of Chapter 11, 11 U.S.C. § 1123(b)(5), requires three things to be applied: a security must be in real property, the real property is the only security for the debt, and the real property is the debtor’s principal property; there is no requirement the property be exclusively the debtor’s principal residence.
In Re: Amendments To Florida Rules of Civil Procedure, Case No. SC2023-0962 (Fla. 2024).
The Florida Supreme Court adopts certain provisions of the Workgroup on Improved Resolution of Civil Cases and amends and adopts rules, including that Rule 1.200 (Case Management; Pretrial Procedure) assigns cases to either complex, general, or streamlined tracks and details actions within the assignment; Rule 1.201 (Complex Litigation) now refers back to Rule 1.200 on how to designate or redesignate a case as “complex” and specifies that motions for continuance are governed by Rule 1.460; Rule 1.280 (General Provisions Governing Discovery) adopts the initial disclosure scheme of Federal Rule 26(a)(1), now requires proportionality in discovery, and new (g) institutes ongoing requirement to supplement or correct discovery responses; Rule 1.440 (Setting Action for Trial) removes the “at issue” requirement for cases to be set for trial and requires a motion to set a case for trial, and Rule 1.460 (Motions to Continue Trial) now states that continuances are disfavored and should rarely be granted and also allows sanctions is there is dilatory conduct on the part of a lawyer or named party.
In Re: Amendments To Florida Rule Of Civil Procedure 1.510 And New Florida Rule of Civil Procedure 1.202, Case No. SC2024-0662 (Fla. 2024).
The response to a summary judgment motion is not tied to the filing date of the motion and not the hearing date and new Rule 1.202 requires a “meet and confer” conference on non-dispositive motions.
Real Capital Partners, LLC v. Alhambra Center International, Ltd., Case No. 3D23-0833 (Fla. 3d DCA 2024).
Applying the new summary judgment standard, a trial court judge can properly conclude that a broker is not entitled to a procuring cause commission for bringing a buyer when a different broker later brought the same buyer to seller and consummated the sale.