Florida Real Property and Business Litigation Report
Volume XVII, Issue 22
June 1, 2024
Manuel Farach
Cantero v. Bank of America, Case No. 22–529 (2024)
Courts must use the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and the precedent set forth in Barnett Bank of Marion Cty., N. A. v. Nelson to determine if state law applies to nationally chartered banks or if the state law is preempted by federal law.
Securities and Exchange Commission v. Keener, Case No. 22-14237 (11th Cir. 2024)
Purchasing convertible notes from microcap stock issuers, converting those notes into common stock, and then selling the stock at a profit violates 15 U.S.C. § 78o(a) of the Securities Exchange Act of 1934 by acting as an unregistered “dealer.”
Celcor Trust LLC v. Shoma Homes at Keys Cove Condominium Association, Inc., Case No. 3D21-2366 (Fla. 3d DCA 2024)
A mandatory injunction cannot be used to compel an association to resolve issues when the movant fails to prove the proposed fix will prevent damages.
Stav Software, LLC v. Lederman Investments, LLC, Case No. 3D23-0361 (Fla. 3d DCA 2024)
Summary judgment is not suitable in a specific performance case when there is conflicting evidence about whether the closing date was extended.
Beachway Restaurants 2 v. Santo & June, Inc., Case No. 4D2023-041 (Fla. 4th DCA 2024)
Privity of contract is required for the two-year statute of limitations for professional malpractice to apply.
Keegan v. Neff, Case No. 4D2023-262 (Fla. 4th DCA 2024)
A partition order directing the sale of property is final, even if the court retains jurisdiction to adjust accounts between the parties.
Apex Roofing and Restoration, LLC v. Security First Insurance Company, Case No. 5D2023-2629 (Fla. 5th DCA 2024)
When faced with a motion for a protective order based on trade secrets, the court must require the requesting party to demonstrate a reasonable necessity for the trade secrets, then examine the alleged trade secrets in camera and issue a written order on the motion.