Florida Real Property and Business Litigation Report
Volume XVIII, Issue 9
March 1, 2025
Manuel Farach
Waetzig v. Halliburton Energy Services, Inc., Case No. 23–971 (2025).
A voluntary dismissal without prejudice counts as a “final proceeding” under Federal Rule of Civil Procedure 60(b).
https://www.supremecourt.gov/opinions/24pdf/23-971_l6gn.pdf
Dewberry Group, Inc. v. Dewberry Engineers Inc., Case No. 23–900 (2025).
https://www.supremecourt.gov/opinions/24pdf/23-900_19m1.pdf
A court can award only profits ascribable to the “defendant” itself when awarding the “defendant’s profits” to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, §1117(a).
Pesantes v. Kelley, Case No. 3D24-0632 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2447933/opinion/Opinion_2024-0632.pdf
A party who does not first comply with the pre-suit mediation requirements of the FAR-Bar contract is not entitled to an award of attorney’s fees.
Lake Worth Financial, Inc. v. KA Masonry, Inc., Case No. 3D24-1784 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2447909/opinion/Opinion_2024-1784.pdf
A non-signatory may be bound by a forum selection clause there is a close relationship
between the non-signatory and the signatory, the non-signatory’s interests are derivative of the signatory’s, and the claims involving the non-signatory arise out of the relevant agreement.
Moss & Associates, LLC v. Peterson, Case No. 3D24-2118 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2447942/opinion/Opinion_2024-2118.pdf
A condominium owner suing for defective repairs which were contracted for by the condominium association, i.e., he had no direct contract with the construction company, must nonetheless with the presuit notice of claim requirements set forth in Florida Statutes section 558.004.
First Financial Northwest, Inc. v. Laver, Case No. 4D2024-0727 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2448297/opinion/Opinion_2024-0727.pdf
The following provision is a mandatory fees provision clause notwithstanding the use of the word “may” in the prefatory sentence of the provision:
You [Purchaser] may have to pay collection costs. If we [Karma] hire an attorney to collect what you owe, you will pay the attorney’s fees and court costs as the law allows. This includes any attorneys’ fees we incur as a result of any bankruptcy proceeding brought by or against you under federal law.