Florida Real Property and Business Litigation Report
Volume XVII, Issue 29
July 20, 2024
Manuel Farach
Level 8 Management, Inc. v. Wildflower Legacy and Wealth Planning, LLC, Case No. 2D2023-2070 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2437349/opinion/Opinion_2023-2070.pdf)
Factors to consider in deciding whether specific long-arm jurisdiction under Florida Statute section 48.191(1) include the presence and operation of an office in Florida, the possession and maintenance of a license to do business in Florida, the number of Florida clients, and the percentage of overall revenue gleaned from Florida clients.
Marshall v. MacWilliam, Case No. 4D2022-1571 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2437374/opinion/Opinion_2022-1571.pdf)
The Rule Against Perpetuities is inapplicable to stockholder redemption agreements under both New York and federal law.
Buyer’s Choice Auto Sales, LLC v. Palm Beach Motors, LLC, Case No. 4D2023-0147 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2437383/opinion/Opinion_2023-0147.pdf)
Notwithstanding that a lease has been cancelled due to fraud and misrepresentation, a tenant that remains in possession is obligated to pay rent unless the premises are wholly untenantable.