Florida Real Property and Business Litigation Report
Volume XVIII, Issue 23
June 7, 2025
Manuel Farach
Blom Bank SAL v. Honickman, Case No. 23–1259 (2025).
https://www.supremecourt.gov/opinions/24pdf/23-1259_9p6b.pdf
Federal Rule of Civil Procedure is a “catch-all” provision but is to be read narrowly and should be used only in extraordinary circumstances.
CC/Devas (Mauritius) Ltd. v. Antrix Corp., Case No. 23–1201 (2025).
https://www.supremecourt.gov/opinions/24pdf/23-1201_8759.pdf
Personal jurisdiction exists under §1330(b) of the Foreign Sovereign Immunities Act of 1976 whenever there exists an exception to sovereign immunity and the defendant foreign government has been properly served; minimum contacts under International Shoe Co. v. Washington, 326 U. S. 310, and its progeny need not be satisfied.
Sweet Additions Ingredient Processors, LLC v. Meelunie America, Inc., Case No. 24-10335 (11th Cir. 2025).
https://media.ca11.uscourts.gov/opinions/pub/files/202410335.pdf
A fixed-price sales contract which contains a clause which states “liability on any claim for loss or damage . . . shall not exceed the price allowable to such goods” on the contract “or part thereof involved in the claim” and also disclaims all liability for “special consequential, incidental or exemplary damages including, but not limited to, loss of profits or revenue . . . [and the] cost of substitute products” does not limit direct damages but bars consequential forms of damages arising from the same breach.
Infinity Auto Insurance Company v. Miami Open MRI, LLC, Case No. 3D24-0945 (Fla. 3d DCA 2025).
https://3dca.flcourts.gov/content/download/2452848/opinion/Opinion_2024-0945.pdf
When read as a whole, a proposal for settlement which reserves the right to defend against claims in the future unrelated to the settling case is not ambiguous.
The Bank of New York Mellon v. Cohen, Case No. 4D2023-2793 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2452842/opinion/Opinion_2023-2793.pdf
A lender is not required to prove both that it is the owner and holder of a note at the time foreclosure is initiated, one is sufficient for standing purposes.
13110 Investments LLC v. Dumervile, Case No. 4D2024-0530 (Fla. 4th DCA 2025).
https://4dca.flcourts.gov/content/download/2452847/opinion/Opinion_2024-0530.pdf
A notary may witness an instrument but may not notarize their own signature.