Florida Real Property and Business Litigation Report
Volume XVII, Issue 45
November 9, 2024
Manuel Farach
In Re: Amendments To Florida Rule of General Practice and Judicial Administration 2.535, Case No. SC2023-1170 (Fla. 2024).
https://supremecourt.flcourts.gov/content/download/2443082/opinion/Opinion_SC2023-1170.pdf
The Florida Supreme Court amends the Rules of General Practice regarding transcripts.
Bessey v. Department of Business & Professional Regulation, Construction Industry Licensing Board, Case No. 2D2023-1273 (Fla. 2d DCA 2024).
https://2dca.flcourts.gov/content/download/2442944/opinion/Opinion_2023-1273.pdf
Florida Statute section 489.141(1)(a) and (d) requires a claimant to the Homeowners’ Construction Recovery Fund first reduce the amount of their damages to a civil judgment, arbitration award, or restitution order in order to be paid from the fund.
Abramov v. NextGear Capital, Inc., Case No. 3D24-0317 (Fla. 3d DCA 2024).
https://3dca.flcourts.gov/content/download/2443039/opinion/Opinion_2024-0317.pdf
Florida Statute section 77.041(1) does not require a defendant to specifically state on the form seeking exemption from garnishment that “the funds were protected by tenancy by the entireties.”
Kajaine Capital, Inc. v. Abouzeid, Case No. 4D2023-1525 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2442990/opinion/Opinion_2023-1525.pdf
A plaintiff may not recover twice for the same damages that arise from breach of fiduciary duty and breach of contract counts.
Navy Federal Credit Union v. Veros Credit, LLC, Case No. 4D2023-2902 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2443001/opinion/Opinion_2023-2902.pdf
Florida Statutes section 77.083 requires a trial court first determine it has jurisdiction over
to resolve the disputed question of whether it has subject matter jurisdiction over the garnished property before entering judgment.
La Fiduciaria, S.A. v. Portuguez, Case No. 5D2023-3028 (Fla. 5th DCA 2024)
https://5dca.flcourts.gov/content/download/2443137/opinion/Opinion_2023-3028.pdf
A declaration pursuant to Florida Statutes section 92.525(1)(c), (2) is sufficient to constitute an “affidavit” for purposes of contesting long-arm jurisdiction under Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla. 1989).