Florida Real Property and Business Litigation Report
Volume XVIII, Issue 2
January 11, 2025
Manuel Farach
Sunz Insurance Company v. USA (In Re: Payroll Management, Inc.), Case No. 22-12336 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202212336.pdf
A commercial tort claim converts into a contract when the claim has been settled and “reduced to a contractual obligation to pay” but a tax lien attaches at the time of issuance and will trump a tort claim not yet converted to a contract and contractual lien.
Marshall v. Wilmington Savings Fund Society, Case No. 4D2023-1904 (Fla. 4th DCA 2024).
https://4dca.flcourts.gov/content/download/2445683/opinion/Opinion_2023-1904.pdf
Notice and an opportunity to be heard is all that is required to issue a sanction, the Florida Rules of Civil Procedure do not require a trial court to first issue an order to show cause.
KAC 2021-1, LLC v. Mary T. Matuszak Irrevocable Trust, Case No. 4D2023-2269 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2445684/opinion/Opinion_2023-2269.pdf
Claims under the Florida Consumer Collection Practices Act are not assignable.
Goodman v. Ningbo Litesun Electric Co., Ltd., Case No. 4D2023-2709 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2445729/opinion/Opinion_2023-2709.pdf
A party who has receive an interlocutory order without required findings of fact and does not seek appellate review at that time must move for rehearing from the final judgment on that basis to preserve the issue for appellate review.
Atlantic Candy Company v. Yowie North America, Inc., Case No. 5D2023-1513 (Fla. 5th DCA 2025).
https://5dca.flcourts.gov/content/download/2445820/opinion/Opinion_2023-1513.pdf
Even considering the context and purpose of the contract, the following language does not require the utilization of and payment for patents:
Section 5. Minimum Fees to Maintain Non-Exclusive Rights. In the event Yowie fails to meet the minimum fees for exclusivity and provided that Yowie is not in default of any agreements with Whetstone Chocolate Factory, Inc., Whetstone, or Whetstone Industrial Holdings, Inc., Yowie shall have the right to utilize the Patents and Technology on a nonexclusive basis (“Non-Exclusivity”), provided that the following Minimum Fees for Non-Exclusivity are paid to Whetstone by December 31 of each calendar year.