Florida Real Property and Business Litigation Report
Volume XVII, Issue 8
February 24, 2024
Manuel Farach
Kovar Law Group, PLLC v. Jordan, Case No. 2D23-279 (Fla. 4th DCA 2024).
A claimant seeking unjust enrichment ordinarily bears its own fees and an award for fees under Florida Statute section 448.08 applies only to employees (not independent contractors).
Green Terrace E33, LLC v. Abruzzo, Case No. 4D2022-2495 (Fla. 4th DCA 2024).
A code enforcement lien against a condominium unit is not a lien against the common elements of the condominium.
SBP Homes, LLC 84 v. Lumber Company, Case No. 4D2022-2603 (Fla. 4th DCA 2024).
A credit agreement between a construction supplier and a builder does not negate implied breach of contract or negligence claims.
Palmer v. The Felicetti Law Firm, PLLC, Case No. 4D2023-0493 (Fla. 4th DCA 2024).
Attorneys cannot impose charging liens in excess of their fee agreements.
The School Board of Broward County v. Smith, Case No. 4D2023-0369 (Fla. 4th DCA 2024).
Arbitrators exceed their authority in violation of Florida Statute section 682.13 when their arbitration agreement provides jurisdiction to determine whether a violation occurred and the arbitrators declare both a violation and the remedy to the violation.
Flying Panda Florida, LLC v. Rutherford, Case No. 5D23-1697 (Fla. 5th DCA 2024).
Based on Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 445–46 (2006), the Fifth District holds that “unless the challenge is to the arbitration clause itself, the issue of the contract’s validity is considered by the arbitrator in the first instance.”