Florida Real Property and Business Litigation Report
Volume XVII, Issue 42
October 19, 2024
Manuel Farach
Hidroelectrica Santa Rita S.A. v. Corporacion AIC, SA, Case No. 23-12519 (11th Cir. 2024).
(https://media.ca11.uscourts.gov/opinions/pub/files/202312519.pdf)
Arbitrators do not exceed their powers if they are interpreting the contract, even if the interpretation may be erroneous.
BAM Trading Services, Inc. v. State of Florida, Office of Financial Regulation, Case No. 1D2023-3371 (Fla. 1st DCA 2024).
(https://1dca.flcourts.gov/content/download/2442217/opinion/Opinion_2023-3371.pdf)
The First District clarifies that its standard of review of agency action is based on Florida Statute section 120.68(1) and not State v. Murciano, 163 So. 3d 662, 664–65 (Fla. 1st DCA 2015).
Advanced Design & Construction Co. v. Zein, Case No. 3D22-2078 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2442035/opinion/Opinion_2022-2078.pdf)
An argument that a settlement agreement satisfied all outstanding obligations is belied by the portions of the settlement agreement which state that a portion of the judgment is non-dischargeable, that the “judgments” were released except for a set amount, and that the creditor was permitted to pursue “immediate collection.”
Lopez v. Mel-Mont Medical, LLC, Case No. 3D23-1068 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2442046/opinion/Opinion_2023-1068.pdf)
A party cannot combine damages from both the civil and criminal usury statutes, and furthermore, is limited to an award of damages from the statute which it pled.
PAJ Investment Group, LLC v. El Lago N.W. 7th Condominium Association, Inc., Case No. 3D23-2116 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2442109/opinion/Opinion_2023-2116.pdf)
An easement appurtenant cannot exist when the claimed easement holder is a “stranger” to, i.e., does not own, the dominant estate even if the easement contains broad language.
Investcom Construction, LLC v. Plaza Del Prado Condominium Association, Inc., Case No. 3D24-1119 (Fla. 3d DCA 2024).
(https://3dca.flcourts.gov/content/download/2442068/opinion/Opinion_2024-1119.pdf)
A case being placed into administrative “inactive status” by the Clerk does not allow a party to revoke a later filed Notice of Voluntary Dismissal.
Calvert v. Surrency, Case No. 5D2024-1232 (Fla. 5th DCA 2024).
(https://5dca.flcourts.gov/content/download/2442228/opinion/Opinion_2024-1232.pdf)
A non-party to an arbitration agreement may, in limited circumstances compel arbitration under estoppel principles when “(1) when the signatory’s claims allege ‘substantially interdependent and concerted misconduct’ by the signatory and the non-signatory or (2) when the claims relate directly to the contract and the signatory is relying on the contract
to assert its claims against the non-signatory.”