Florida Real Property and Business Litigation Report
Volume XVII, Issue 37
September 14, 2024
Manuel Farach
OHI Asset (VA) Martinsville SNF, LLC v. Wagner, (In re: Wagner), Case No. 22-13642 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202213642.pdf)
A district court reviewing a bankruptcy court judgment must defer to the bankruptcy court’s credibility determinations.
In Re: Amendments To The Florida Rules for Certified and Court-Appointed Mediators, Case No. SC2023-1537 (Fla. 2024).
(https://supremecourt.flcourts.gov/content/download/2440354/opinion/Opinion_SC2023-1537.pdf)
The Florida Supreme Court modifies the rules for mediators and mediations effective January 1, 2025.
Patterson v. Melman, Case No. 2D2023-1388 (Fla. 2d DCA 2024).
(https://2dca.flcourts.gov/content/download/2440396/opinion/Opinion_2023-1388.pdf)
The authority to determine whether a condition precedent to arbitration has been fulfilled is explicitly assigned to the arbitrator under Florida Statute section 682.02(3), and accordingly, the question of whether a provision is a condition precedent to arbitration is likewise for the arbitrator to decide.
Schmitz v. Schmitz, Case No. 3D21-1083 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2440241/opinion/Opinion_2021-1083.pdf)
The Third District clarifies that Dinuro Invs., LLC v. Camacho, 141 So. 3d 731 (Fla. 3d DCA 2014), permits a direct action when the injury is to the shareholder and not the corporation and also that a court must give notice of imposing the sanction of burden-shifting prior to entering a final judgment.