Florida Real Property and Business Litigation Report
Volume XVII, Issue 6
February 10, 2024
Manuel Farach
Loanflight Lending, LLC v. Bankrate, LLC, Case No. 2D22-3394 (Fla. 2d DCA 2024).
A forum selection clause must be agreed to by the parties, and an evidentiary hearing is required if a party raises a colorable claim that it did not assent to the agreement.
Vindel v. Stewart, Case No. 3D22-757 (Fla. 3d DCA 2024).
Certification of business records of a foreign bank account under Florida Statute section 90.803(6) must meet the evidentiary requirements of section 90.803(11) and state that the records were made at or near the time of the occurrence of the matters set forth, by or from information transmitted by, a person having knowledge of those matters and that the records were kept in the course of the regularly conducted activity and were made as a regular practice in the course of the regularly conducted activity.
Arrow Property Insurance Adjusters, Inc. v. People’s Trust Insurance Company, Case No. 3D22-2162 (Fla. 3d DCA 2024).
Parol evidence may be used to interpret an ambiguous contract only when the ambiguity exists on the face of the contract.
Curtis v. The City of Hollywood, Case No. 4D2022-3166 (Fla. 4th DCA 2024).
Florida Statute section 163.360(7)(a) requires local government to provide relocation assistance to tenants displaced by redevelopment but does not require evidentiary hearings and the gathering of testimony to determine the adequacy of the assistance.
Presidio, Inc. v. Feeny, Case No. 4D2023-0045 (Fla. 4th DCA 2024).
Even if there is a schedule to determine the bonus, an incentive program under an employment contract is discretionary if the bonus program is not part of the employment agreement.