Florida Real Property and Business Litigation Report
Volume XVII, Issue 32
August 10, 2024
Manuel Farach
Commodities & Minerals Enterprise, Ltd v. CVG Ferrominera Orinoco C.A., Case No. 21-14504 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202114504.pdf)
The Federal Arbitration Act, 9 U.S.C. § 10(a), does not permit a public policy defense in opposition to confirmation of an arbitration award.
Engelke v. Logan, Case No. 2D2022-4063 (Fla. 4th DCA 2024).
(https://2dca.flcourts.gov/content/download/2438679/opinion/Opinion_2022-4063.pdf)
A cause of action for declaratory action for ownership of a series of related business venture accrues with regard to the first business venture and not the succeeding ventures.
Concordia Ventures LLC v. ARCPE 1, LLC, Case No. 2D2023-239 (Fla. 2nd DCA 2024).
(https://2dca.flcourts.gov/content/download/2438719/opinion/Opinion_2023-2395.pdf)
Merely arguing that a borrower is renting the property for profit while failing to pay the property taxes and HOA assessments with the collected rents without introduction of evidence of same is insufficient to sustain the appointment of a common law receiver.
YSC Florida, LLC v. Quality Built, LLC, Case No. 4D2023-0484 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2438714/opinion/Opinion_2023-0484.pdf)
A trial court must review a settlement agreement between a plaintiff and a settling joint tortfeasor defendant for potential setoff amounts before entering judgment against a non-settling joint tortfeasor.
Martinez v. Ring-Central, Inc., Case No. 4D2023-2175 (Fla. 4th DCA 2024).
(https://4dca.flcourts.gov/content/download/2438728/opinion/Opinion_2023-2175.pdf)
The Federal Arbitration Act’s three-month time requirement for vacating arbitration awards does not preempt the Florida Arbitration Act’s ninety-day requirement for doing so.