Florida Real Property and Business Litigation Report
Volume XVII, Issue 35
August 31, 2024
Manuel Farach
ECB USA, INC. v. Chubb Insurance Company of New Jersey, Case No. 22-10811 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202210811.op2.pdf)
The Eleventh Circuit holds that the series-qualifier canon of interpretation directs that a postpositive modifier (e.g., “for financial institutions”) modifies all the terms in a list of parallel items.
In Re: Amendments To Florida Rules of General Practice And Judicial Administration, Case No. SC2023-1321 (Fla. 2024).
(https://supremecourt.flcourts.gov/content/download/2439770/opinion/Opinion_SC2023-1321.pdf)
Rules of General Practice and Judicial Administration 2.270 (Supreme Court Committees on Standard Jury Instructions), 2.425 (Minimization of the Filing of Sensitive Information), 2.430 (Retention of Court Records), 2.505 (Attorneys), 2.560 (Appointment of Spoken Language Court Interpreters for Non-English-Speaking and Limited-English-Proficient Persons), and 2.565 (Retention of Spoken Language Court Interpreters for Non-English-Speaking and Limited-English-Proficient Persons by Attorneys or Self-Represented Litigants) are modernized.
In Re: Amendments To Florida Rules of Civil Procedure – 2024 Legislation, Case No. SC2024-0975 (Fla. 2024).
(https://supremecourt.flcourts.gov/content/download/2439773/opinion/Opinion_SC2024-0975.pdf)
Florida Rule of Civil Procedure Form 1.983 (Prospective Juror Questionnaire) is amended to reflect changes to section 40.013, Florida Statutes (2023), made by chapter 2024-122, Laws of Florida, which went into effect on July 1, 2024.
Eglin Federal Credit Union v. Baird, Case No. 1D2023-1866 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2439704/opinion/Opinion_2023-1866.pdf)
Continuing to use services after receiving notification that continued use would constitute acceptance of new contract terms, including an arbitration provision, creates an enforceable amendment to the contract.