Florida Update Volume XVIII, Issue 03

Florida Real Property and Business Litigation Report

Volume XVIII, Issue 3

January 18, 2025

Manuel Farach

 

Guan v. Ellingsworth Residential Community Association, Inc. (In Re: Ellingsworth Residential Community Association, Inc.), Case Nos. Nos. 21-12969, 21-12971, & 21-13231 (11th Cir. 2025).

https://media.ca11.uscourts.gov/opinions/pub/files/202112969.pdf

Even though they do not have a profit motive, community associations are “engaged in commercial or business activities” and thus qualify to file for relief under Subchapter V of the Bankruptcy Code.

 

Seduction Cosmetic Center Corp. v. Dunbar, Case No. 3D24-0326 (Fla. 3d DCA 2025).

https://3dca.flcourts.gov/content/download/2445957/opinion/Opinion_2024-0326.pdf

A broad arbitration provision in a “surgical services” contract encompasses all items regarding the surgical process and applies even if no surgery was performed.

 

Phinney v. Phinney, Case No. 3D24-1314 (Fla. 3d DCA 2025).

https://3dca.flcourts.gov/content/download/2445961/opinion/Opinion_2024-1314.pdf

Rule Regulating the Bar 4-3.7 only regulates an attorney for a client testifying at her client’s trial and does not impact the attorney’s representation outside of trial.

 

Palm Beach Resurfacing, Inc. v. Floyd, Case No. 4D2024-0019 (Fla. 4th DCA 2025).

https://4dca.flcourts.gov/content/download/2445936/opinion/Opinion_2024-0019.pdf

Construction contractor competency violations are punished under Florida Statute section 489.127, not section 489.128 (contracts entered into by unlicensed contractors are unenforceable).

 

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