Florida Real Property and Business Litigation Report
Volume XVII, Issue 33
August 17, 2024
Manuel Farach
Calderon v. Sixt Rent A Car, LLC, Case No. 22-13539 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202213539.pdf)
Items and provisions outside a main contract become part of the main contract when properly incorporated by reference into the main contract.
GMRI, Inc. v. Brautigan, Case No. 1D2023-2141 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2439068/opinion/Opinion_2023-2141.pdf)
A party may have agreed to and be bound to arbitrate disputes even though it may not have signed a written arbitration agreement.
Taboada v. Duarte, Case No. 3D23-2234 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2439036/opinion/Opinion_2023-2234.pdf)
The principle of judicial estoppel does not apply to resurrect a void contract if the prior case did not reach a conclusion on the same issues in controversy in the pending case.