Florida Real Property and Business Litigation Report
Volume XVII, Issue 46
November 16, 2024
Manuel Farach
Â
Day v. Hydrologic Distribution Company, Case No. 2D2024-0910 (Fla. 4th DCA 2024).
https://2dca.flcourts.gov/content/download/2443432/opinion/Opinion_2024-0910.pdf
Substantial customer relationships, confidential information, and employee training and retention and computer software that allows users to access important vendor information, including sales history, customer spending habits, and credit limits are legitimate business interests subject to protection under Florida Statutes section 542.335.
Toorak Capital Partners, LLC v. Capital Servicing Company, LLC, Case No. 2D2023-1089 (Fla. 2d DCA 2024).
https://2dca.flcourts.gov/content/download/2443257/opinion/Opinion_2023-1089.pdf
A party seeking to impose liability on a contract as modified must plead and prove the modification agreements as well as the original contract.
Straub, Seaman & Allen, P.C. v. Ellis, Case No. 2D2024-0230 (Fla. 2d DCA 2024).
https://2dca.flcourts.gov/content/download/2443259/opinion/Opinion_2024-0230.pdf
Neither the recording of telephone conversation in a state where such is legal nor the providing of discovery answers reflecting such a conversation is a violation of Florida Statutes section 934.03(1)(c) and (d).
Vitalia at Tradition Residents’ Association, Inc. v. Vitalia at Tradition, LLC, Case No. 4D2023-1203 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2443316/opinion/Opinion_2023-1203.pdf
To the extent that doing so conflicts with Florida Statutes section 720.308(1), previously recorded community association cannot excuse a developer from paying assessments post-turnover.
Primecare Network, Inc. v. Payroll LLC. Case Nos. 4D2024-0572 and 4D2024-0815 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2443348/opinion/Opinion_2024-0572.pdf
A clerk of court is not permitted to treat an affidavit filed pro se by the president of a defendant corporation is a legal nullity and enter a default under Florida Rule of Civil Procedure 1.500 as no paper having been filed.